Punishing Aggressors in U.S. Courts: Will the Act of State Doctrine Bar National Prosecution of the Crime of Aggression?

Authors

Gergana Halpern, Benjamin N. Cardozo School of Law

Abstract

The note examines the intersection of the Act of State Doctrine and the prosecution of the crime of aggression in U.S. courts, arguing that while the doctrine does not legally preclude such prosecutions, practical considerations such as political sensitivity and the need for international legitimacy suggest that U.S. courts should await international consensus before proceeding. The analysis highlights the complexities of balancing legal principles with diplomatic realities.

Disciplines

Courts | Criminal Law | Criminal Procedure | International Law | Law | Military, War, and Peace

Recommended Citation

Gergana Halpern, Punishing Aggressors in U.S. Courts: Will the Act of State Doctrine Bar National Prosecution of the Crime of Aggression?, 7 Cardozo Pub. L. Pol’y & Ethics J. 239 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol7/iss1/7