The attempt to create an international criminal court assumes that in all important ways the international legal order is similar to the municipal legal orders with which US citizens are familiar, but with regard to the criminal law, that assumption is simply not true. Rubin discusses two potential fundamental discrepancies between the international legal order and an hypothesized "typical" municipal legal order as would exist under the current statute for the International Criminal Court.
Alfred P. Rubin,
The International Criminal Court: Possibilities for Prosecutorial Abuse,
64 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol64/iss1/7