ABSTRACT
This chapter proposes an external methodology, rooted in international law, for controlling state crimes, committed against both individuals and other states. Applying Stephen Schafer's typology, the International Court of Justice (ICJ) and individual states should recognize only the political offense exception to extradition in cases involving convictional political criminals. The defendant in a case involving a violation of either international or state criminal law is generally entitled to bail, to be granted during the course of a preliminary hearing. The chapter suggests that the ICJ be transformed into an adjudicator of international crimes and state transnational crimes. One issue that requires attention is whether it is advisable to create a new international criminal tribunal, rather than, as suggested, utilizing the ICJ. The nominations made by national groups are submitted to the ICJ General Assembly and the Security Council, which vote independently for nominees.
