A New Court to Uphold International Criminal Law: The World Moves Forward Without the United States

Since the devastating carnage of World War II, a war that left some 50 million people dead, far-sighted individuals have worked for a world in which the force of law will prevail over the law of force. The first step toward realizing this vision was the establishment of the Nuremberg Tribunals to hold leaders of the Axis powers to account for crimes committed under international law. This unprecedented step on the part of the Allied powers was led by the United States.

The American Supreme Court Justice, Robert Jackson, who became the US chief prosecutor at Nuremberg, argued in his opening statement: “We must summon such detachment and intellectual integrity to our task that this trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.”

Following the trials, the United Nations General Assembly adopted the Principles of Nuremberg, principles of individual accountability that were meant to serve as a standard and a warning to potential violators of international law, no matter how high their position. The first principle stated: “Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.”

Principle two clarified that the perpetrator of a crime under international law was not exempted from responsibility by the fact that the crime was not subject to penalty under the internal law of his or her nation. The third principle made clear that even Heads of State and responsible government officials were to be held accountable for acts constituting crimes under international law. The fourth principle provided that superior orders were not a defense to the commission of crimes under international law.

Principle five allowed that anyone charged with a crime under international law was entitled to a fair trial. The sixth principle set forth the following punishable crimes under international law: crimes against peace, war crimes and crimes against humanity. The seventh and final principle made complicity in any of these crimes itself a crime under international law.

Despite the success of the Nuremberg trials and those held in Tokyo, as well as the adoption of the Nuremberg Principles, for more than forty years the idea of creating a permanent International Criminal Court languished. Then in 1989, the leader of the small island nation of Trinidad and Tobago, Arthur N. R. Robinson, put the issue back on the United Nations agenda.

In the 1990s the idea of creating the Court gathered momentum at the United Nations. Ad Hoc Tribunals were established for the crimes committed in the former Yugoslavia and in Rwanda. And in 1998 delegates from the nations of the world met in Rome and agreed upon a statute for an International Criminal Court. It was agreed in Rome that when 60 nations had ratified the treaty establishing the Court, it would come into existence.

In April 2002, far sooner than was predicted, the treaty surpassed the needed 60 ratifications, and is now set to enter into force on July 1, 2002. This is a great day for the world. The Principles of Nuremberg can now be made applicable to crimes committed in the Nuclear Age, and no longer will leaders of nations be able to hide from accountability for the most heinous of crimes under international law.

Somehow, though, between the Nuremberg Trials and the twenty-first century, the United States has gone from being the strongest advocate of individual accountability under international law to an opponent of the Court. President Clinton signed the treaty establishing the Court on December 31, 2000, just weeks before leaving office. The Bush administration, however, has spoken out against the Court, and has indicated that it may withdraw the US signature from the treaty and apply sanctions against countries supporting the Court. Richard Prosper, the US ambassador at large for war crimes issues, stated, “An action that is under consideration is annulling the signature, making clear that we continue to oppose the treaty, and do not intend to become a party.”

When it comes to international law, the US appears to practice a double standard. It doesn’t seem to want the same standards of international criminal law to apply to its citizens as are applied to the citizens of the rest of the countries in the world. Fortunately, the world is moving forward with or without the US. Among the US allies that have already ratified the treaty establishing the Court are Austria, Belgium, Canada, France, Germany, Italy, Norway, Spain, Switzerland and the UK.

Hans Correll, the UN undersecretary for legal affairs, remarked, “A page in the history of humanity is being turned.” It is shameful that the United States, once passionate about international justice, will not be on this new page of international justice that gives renewed life to the Nuremberg Principles.

David Krieger is president of the Nuclear Age Peace Foundation (www.wagingpeace.org). He can be contacted at dkrieger@napf.org.

To become a free on-line participating member of the Nuclear Age Peace Foundation,
click here: https://www.sbwh.com/wagingpeace/mbrshp.html.

Related Posts

LONDON – So far so good, at least on the wider level. While internally Iraq seems on the edge of chaos, the much heralded clash of civilizations between the Muslim and Judaeo-Christian worlds has yet to become apparent. We have anger and despair aplenty in the Arab and Muslim worlds. But very little rushing to the standard and there was no great pilgrimage of warriors to join the fight, as happened when the Soviet Union invaded Afghanistan twenty years ago, and then, having driven the Red Army out, were left to ferment in that mountainous redoubt. With the armaments supplied by the CIA the mujahidin were transformed into Al Qaeda that became, for a relatively brief moment as these things go, ‘the greatest threat to the homeland that America has ever known.’ Nevertheless a ‘Cold War’ between much of the Muslim world and the West is certainly in full swing. Winston...
The Challenge of Nuclear Weaponsin the Twenty-first CenturyA Path Forward The peoples and governments of the world face an urgent challenge relating to weaponry of mass destruction and particularly to nuclear weaponry.  At the crossroads of technology, terrorism, geopolitical ambition, and policies of preemption are new and potent dangers for humanity. Despite ending the nuclear standoff of the Cold War era, nuclear weaponry is again menacing the peoples of the world with catastrophic possibilities.  We recognize the need for any government to pursue its security interests in accordance with international law; and further, we recognize that distinctive threats to these interests now exist as a result of an active international terrorist network having declared war on the United States and its allies. Nonetheless, we reject the assessment of the current US administration that upgrading a reliance on nuclear weapons is in any sense justified as a response. We find it...
By Karin Wegestal MP, the Social Democratic Partyon behalf of the Swedish Committee for Solidarity with the Yugoslav People During the last decade, the Federal Republic of Yugoslavia has received more than 500,000 refugees from Croatia and Bosnia, and another 300,000 internally displaced persons, mainly from the province Kosovo and Metohia. For a country with about ten million inhabitants, such an influx of homeless people is obviously a very heavy burden – even under peaceful conditions. But in addition to that, the Federal Republic of Yugoslavia has been the subject to sanctions from the western powers for close to ten years and its infrastructure was badly hurt through Nato’s intense bombardment during 78 days in 1999. The result of all this is that Yugoslavia, once the most developed industrial country in Eastern Europe, is today the poorest country in Europe. In Serbia excluding Kosovo, with about ten million inhabitants and...

Recent Articles

Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...
Jan Oberg TFF director October 13, 2026 According to Alfred Nobel’s will, the Nobel Peace Prize shall be awarded: ”to the person who has done the most or best to advance fellowship among nations, the abolition or reduction of standing armies, and the establishment and promotion of peace congresses.” Further down, he also expresses how the prize for the “champions of peace” shall be decided: “that for champions of peace by a committee of five persons to be selected by the Norwegian Storting. Alfred Nobel’s will is remarkably short and clear. But few seem to have read it. Nobel did not say that the committee itself should consist of members of parliament. He entrusted the Storting with appointing five persons. In principle, it could have selected diplomats, mediators, peace researchers, conflict-resolution specialists, or other individuals with recognised expertise in matters of peace from around the world. Instead, the Storting gradually...
The Quest for Humane Survival Richard Falk Professor emeritus, Princeton UniversityTFF Associate since 1986October 12, 2026 After decades of teaching and writing about international law in academic frameworks that were not institutionally situated within law school environments—at Princeton and the University of California, Santa Barbara—I found myself most receptive to the TWAIL outlook. It has been especially illuminating in clarifying the extent to which international law evolved as a dialogical critique of Europe’s efforts to legitimize its colonial undertakings. In particular, TWAIL has exposed how international law has functioned to legalize the subjugation of Third World peoples, securing conditions for exploitative investment and trade relations, the coercive enforcement of public debts, and an ideology of cultural superiority. TWAIL’s exposure of these economic legacies of colonialism has influenced my understanding of the history and development of international law, broadly conceived, as an ideological project of the Western sub-system of the world...

TFF on Substack

Discover and subscribe to more peace materials on TFF Substack

Most Popular

Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...
Jan Oberg TFF director October 13, 2026 According to Alfred Nobel’s will, the Nobel Peace Prize shall be awarded: ”to the person who has done the most or best to advance fellowship among nations, the abolition or reduction of standing armies, and the establishment and promotion of peace congresses.” Further down, he also expresses how the prize for the “champions of peace” shall be decided: “that for champions of peace by a committee of five persons to be selected by the Norwegian Storting. Alfred Nobel’s will is remarkably short and clear. But few seem to have read it. Nobel did not say that the committee itself should consist of members of parliament. He entrusted the Storting with appointing five persons. In principle, it could have selected diplomats, mediators, peace researchers, conflict-resolution specialists, or other individuals with recognised expertise in matters of peace from around the world. Instead, the Storting gradually...
The Quest for Humane Survival Richard Falk Professor emeritus, Princeton UniversityTFF Associate since 1986October 12, 2026 After decades of teaching and writing about international law in academic frameworks that were not institutionally situated within law school environments—at Princeton and the University of California, Santa Barbara—I found myself most receptive to the TWAIL outlook. It has been especially illuminating in clarifying the extent to which international law evolved as a dialogical critique of Europe’s efforts to legitimize its colonial undertakings. In particular, TWAIL has exposed how international law has functioned to legalize the subjugation of Third World peoples, securing conditions for exploitative investment and trade relations, the coercive enforcement of public debts, and an ideology of cultural superiority. TWAIL’s exposure of these economic legacies of colonialism has influenced my understanding of the history and development of international law, broadly conceived, as an ideological project of the Western sub-system of the world...
Read More
girl-5894831_1280
Below are TFF-related media mentions, comments, videos and social media posts published elsewhere but not on this homepage. We happen to catch and list only a fraction. Regarding video comments and debates, we recommend that you go to the TFF Video Channel on Substack where many of them are reproduced. Jan Oberg is a contributor to China Daily – 52 million daily clicks – and Global Times, CGTN and CCTV (the national television), China Investment, Xinhua News Agency and several others. Articles and videos on these media very often multiply into countless Chinese (and Western media) that re-post them from these main media. Thanks to The China Academy, his analyses, interviews and comments are frequently posted on YouTube channels such as Thinkers Forum and Wave Media. These videos are often re-posted on Bilibili (China’s YouTube), the China Content Center on TikTok, and on the Chinese edition of TikTok, Douyin.com. This means reaching hundreds of millions of viewers worldwide over a year. While there are too many to catch on all these...
Nobel-Prize-Plaque
Jan Oberg TFF director October 13, 2026 According to Alfred Nobel’s will, the Nobel Peace Prize shall be awarded: ”to the person who has done the most or best to advance fellowship among nations, the abolition or reduction of standing armies, and the establishment and promotion of peace congresses.” Further down, he also expresses how the prize for the “champions of peace” shall be decided: “that for champions of peace by a committee of five persons to be selected by the Norwegian Storting. Alfred Nobel’s will is remarkably short and clear. But few seem to have read it. Nobel did not say that the committee itself should consist of members of parliament. He entrusted the Storting with appointing five persons. In principle, it could have selected diplomats, mediators, peace researchers, conflict-resolution specialists, or other individuals with recognised expertise in matters of peace from around the world. Instead, the Storting gradually...
law-419057_1280
The Quest for Humane Survival Richard Falk Professor emeritus, Princeton UniversityTFF Associate since 1986October 12, 2026 After decades of teaching and writing about international law in academic frameworks that were not institutionally situated within law school environments—at Princeton and the University of California, Santa Barbara—I found myself most receptive to the TWAIL outlook. It has been especially illuminating in clarifying the extent to which international law evolved as a dialogical critique of Europe’s efforts to legitimize its colonial undertakings. In particular, TWAIL has exposed how international law has functioned to legalize the subjugation of Third World peoples, securing conditions for exploitative investment and trade relations, the coercive enforcement of public debts, and an ideology of cultural superiority. TWAIL’s exposure of these economic legacies of colonialism has influenced my understanding of the history and development of international law, broadly conceived, as an ideological project of the Western sub-system of the world...
images-2
Advocates of nuclear disarmament are regularly dismissed by the champions of nuclear deterrence as naïve and unrealistic, utopian or even irresponsible. Yet this ‘doctrine’ of deterrence, regarded by France as the ‘cornerstone’ of its national security, is based on quasi-religious beliefs, a theory that cannot be proven, risky gambles and fragile assumptions. So much so that one might legitimately ask which side the ‘Care Bears’ are on. Marc FinaudVice-President of Initiatives for Nuclear Disarmament (IDN) October 9, 2026 This article was originally published on Pressenza When it comes to these things being treated as religious concepts, look here. Idealists and realists It was Hubert Védrine, François Mitterrand’s former Foreign Minister, who repeatedly coined the phrase: ‘Europeans are a sort of Care Bears who don’t realise they’re living in Jurassic Park’. He applies this reference to the cartoon for well-behaved children not only to what he regards as weakness or idealism...
8824b09f-33a5-43f9-9fd0-550f28cda24d_1536x1024
What the West Borrowed from Asia and What It Left Behind Jan Krikke October 8, 2026 The article was originally published here In the late 1960s, the musical Hair announced that the Age of Aquarius was dawning. Its opening anthem promised a transformation of human consciousness: an era of peace, harmony and understanding. Half a century later, a familiar echo of that promise is a meditation app offered by your employer. You can find it in the same list of benefits as the pension plan and the gym discount. How did a spiritual revolution become an employee benefit? The answer lies in the history of the movement known as New Age: where it came from, what it borrowed from Asia, and why the meaning of what it borrowed changed in the process. Two definitions will help. New Age is a loose label for a wide range of spiritual practices and...
Screenshot 2026-10-04 210142
Small and different + among the 10% most active + 9,000 texts + 150 Associates + 60 000 a day — and a stubborn belief that peace is smarter and must be secured by peaceful means. In 2026, the Transnational Foundation for Peace and Future Research (TFF) turns 40. On Monday, October 5, 2026, a new TFF homepage will go live — a new gateway to more than 9,000 articles, analyses, research papers and other contributions produced over four decades of independent peace research. But this is not simply a new website. For four decades, TFF has worked from a simple conviction: peace is smarter than militarism and can be brought about by peaceful means. This is not merely an aspiration. It is the principle expressed in the UN Charter and the Gandhian tradition that has guided our work from the beginning. TFF is a research-based, independent and people-financed foundation....