Comments by Scott McDonald

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prevention issue

Argument In order for OTP to maximize its prevention of crime, it must base its policies on a cost-benefit model of deterrence. This model...
8 years 19 weeks

prevention issue

I agree with Mr. Goldstone that the emerging doctrine of Responsibility to Protect (R2P) represents a key opportunity for the ICC to maximize its crime prevention capabilities. However, its...
8 years 19 weeks

oversight issue

The creation of the Independent Oversight Mechanism (IOM) presents a new set of challenges and opportunities for the International Criminal Court (ICC). In order to capitalize on the...
8 years 41 weeks

darfur issue

danterzian, I believe your first counter-argument about the irrelevance of the ICTY and ICTR in establishing a customary international law norm misses the point. Both courts (and their corresponding...
8 years 45 weeks

darfur issue

I agree with the argument that the nexus between U.N.S.C. 1593 and membership in the Genocide Convention means that Sudan and other Contracting Parties have accepted the jurisdiction of the ICC in...
8 years 45 weeks

darfur issue

I. Introduction/Background On the surface, Sudanese President Omar al-Bashir’s travel plans do not seem to have been hindered much by the...
9 years 3 weeks

gaza issue

For one, the ICC’s interest might be served by not investigating. Choosing to insert itself into one of the world’s most complicated and controversial ongoing conflicts could hurt the ICC’s...
9 years 22 weeks

gaza issue

Professor Quigley cites to the Montevideo Convention on the Rights and Duties of States in advocating his position that Palestine is a state. This 1933 treaty, signed by the United States and a...
9 years 24 weeks