ARCANE INTERNATIONAL LAW...

ARCANE INTERNATIONAL LAW BLEG.
Here�s a question that perhaps some of our readers with legal knowledge or relevant experience can weigh in on: citing security concerns, the prosecutor of the special court for Sierra Leone has asked to use the premises of the International Criminal Court in The Hague to try Charles Taylor. Should the deal go through, the special court would essentially rent the space from the ICC, but Taylor would remain under the special court�s jurisdiction.

My question is this: Under the American Sevicemembers� Protection Act of 2002, all official US government cooperation with the ICC is expressly forbidden, absent a presidential waiver. It�s quite likely, however, that that American intelligence, and even US government officials, will be involved in Taylor�s prosecution. So does a change of venue to ICC premises require a presidential waiver? And if the waiver is not granted, does US law preclude American involvement in the Taylor prosecution should the trial take place on ICC premises?

I warned you that this was arcane. But my curious mind wants to know.

--Mark Leon Goldberg

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