The Poverty of the Fourth Restatement

Abstract

<p>It is relatively common to overlook the role that national courts play with international criminal justice. Whereas the codification process may have slowed at the international level, states continue to expound upon the bases for international criminal jurisdiction and enforcement. The Fourth Restatement of Foreign Relations Law of the United States is just one example of a significant development in this area. While U.S. efforts have been influential, both in terms of developing other states’ approaches and international approaches, the Fourth Restatement’s structural flaws frustrate the development of a coherent system. This paper highlights the most significant flaws, in light of historical examples of states trying to promote international criminal justice on the national level, and proposes possible reforms.</p><p><br></p>