Cato Institute
Policy Analysis
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ble."12
Similarly, Lloyd Axworthy, Canada's minister of foreign
affairs and a proponent of the court, maintains,
[There is] an acute dilemma for the United Na-
tions, which finds itself torn between intervening
in severe humanitarian crises and respecting na-
tional sovereignty.  To date, it has responded
largely on an ad hoc basis, although always with
the terrible lessons of Central Africa and the
former Yugoslavia in mind.  Gradually, though, new
ways of thinking are emerging that address this
dilemma. . . . A key element of this new thinking
is what has been called "human security."  Essen-
tially, this is the idea that security goals
should be primarily formulated and achieved in
terms of human, rather than state, needs. . . .
[We start] from the premise that the threat to
life and limb of millions of individuals should
take precedence over military and national securi-
ty interests.13
Finally, Judge Gabrielle Kirk McDonald, an American
judge sitting on the Yugoslavia tribunal, admits that the
proposed ICC creates tension between "state sovereignty and
world order,"14 but she nevertheless insists that the ICC
must be able to employ "an element of compulsion" in order
"to redress gross violations of human rights and interna-
tional law."15  She also says that the ICC treaty "should be
one of principle and not of detail. . . . [It should] be a
flexible statute based on principles which may be developed
by the court as the circumstances require while still pro-
viding sufficient guidance to establish an international
framework within which the court can work."16  But how is
the public to judge the merits of the ICC if its proponents,
like Judge McDonald, cannot explain the details?
The Threat of Expansive Jurisdiction
Although the preamble of the ICC draft statute states
that the "court is intended to exercise jurisdiction only
over the most serious crimes of concern to the international
community as a whole," many advocates of the court do not
want to limit its purview to the core offenses of war
crimes, crimes against humanity, and genocide.  In fact,