ICC constitutionality

foreign court would essentially prosecute the accused on the behalf of the United States; therefore, the defendant would merit Bill of Rights protections. In addition, Missouri v. Holland held that the federal government may only enter a treaty that "does not contravene any prohibitory words to be found in the Constitution." This may preclude the United States from ever adopting the Rome Statute. Ratification would mean that the United States, as a State Assembly member, was partially responsible for administering and amending a judicial body which was acting "on behalf of the United States," but does not provide full constitutional protection.

Cassandra Jeu, Recipient of the Shook, Hardy & Bacon, L.L.P. Writing Award, Winter 2004, HOUSTON JOURNAL OF INTERNATIONAL LAW, 26:411, p. 439-440