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International Law vs. America.(effects of international law on America)(Brief Article)

The American Enterprise

| April 01, 2001 | WOOSTER, MARTIN MORSE | COPYRIGHT 2001 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

International Law vs. America David B. Rivkin, Jr., and Lee Casey, "The Rocky Shoals of International Law," in The National Interest (Winter 2000/01), 1112 16th Street N.W. #540, Washington, D.C. 20036.

Lawyers Rivkin and Casey warn that modern international law "may prove to be one of the most potent weapons ever deployed against the United States."

Previously, international law was confined to diplomatic relations between nations. But in the 1990s, many non-governmental organizations (NGOs) persuaded international treaty-makers that they represented "global civil society" and could therefore impose "humanitarian" principles which transcended domestic laws. For example, according to the International Criminal Court, a "war crime" includes "intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects ... which would be clearly excessive." Under this definition, some NGOs tried to utilize the Yugoslav war crimes tribunal to indict NATO commanders. The tribunal declined the request only because "the law is not sufficiently clear" as to whether ...

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