Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.
Michael P. Scharf,
The ICC’s Jurisdiction over the Nationals of Non-party States: A Critique of the U.S. Position,
64 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol64/iss1/4