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Topic: Universal jurisdiction


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In the News (Thu 24 Jul 08)

  
  The Limitations of Universal Jurisdiction - Opinion Forum - Global Policy Forum
Universal jurisdiction for international crimes, which would obligate governments to prosecute the perpetrators of crimes against humanity wherever they were found, could be used to punish mass killers who had fallen from power, and might even motivate some rulers to put a stop to massive crimes.
The claim in its statute that the Court's jurisdiction is "complementary" to that of nations emphasizes its underlying purpose to drive the nations to prosecute criminals in the places where the crimes were committed, and avoid the embarrassment of having the cases prosecuted in the Court or in a foreign jurisdiction.
Universal jurisdiction is not destined to be a mockery, for some of the same reasons that we do not think that domestic jurisdiction in criminal cases, for all its limitations, is a mockery.
www.globalpolicy.org /opinion/2006/03universal.htm   (2093 words)

  
 The Princeton Principles on Universal Jurisdiction
Universal jurisdiction may be exercised by a competent and ordinary judicial body of any state in order to try a person duly accused of committing serious crimes under international law as specified in Principle 2(1), provided the person is present before such judicial body.
A state, in the exercise of universal jurisdiction, may, for purposes of prosecution, seek judicial assistance to obtain evidence from another state, provided that the requesting state has a good faith basis and that the evidence sought will be used in accordance with international due process norms.
The exercise of universal jurisdiction with respect to serious crimes under international law as specified in Principle 2(1) shall not be precluded by amnesties which are incompatible with the international legal obligations of the granting state.
www1.umn.edu /humanrts/instree/princeton.html   (947 words)

  
 Justice & The Generals: Around The World - Universal Jurisdiction | PBS
This authority derives from the international law of "universal jurisdiction," which holds that every state has an interest in bringing to justice the perpetrators of particular crimes of international concern, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victims.
Universal jurisdiction ensures that there is no "safe haven" for those responsible for the most serious atrocities.
To determine which crimes give rise to universal jurisdiction under international law, we look at international treaties such as the U.N. Convention Against Torture, or the Geneva Conventions for war crimes and the general custom of states ("customary international law"), under which genocide and "crimes against humanity" are considered crimes of universal jurisdiction.
www.pbs.org /wnet/justice/world_issues_uni.html   (604 words)

  
 Universal jurisdiction: Questions and answers concerning universal jurisdiction.
National laws should require national authorities exercising universal jurisdiction to investigate the crimes and, where there is sufficient admissible evidence, to prosecute, without waiting for a complaint by a victim or any other person with a sufficient interest in the case.
States with universal jurisdiction legislation, however, would be able to investigate and prosecute such a person in their national courts.
Amnesty International's study of universal jurisdiction shows that since the end of the Second World War more than a dozen states have conducted investigations, commenced prosecutions and completed trials based on universal jurisdiction for the crimes or arrested people with a view to extraditing the persons to a state seeking to prosecute them.
www.amnestyusa.org /document.php?lang=e&id=4C39299F1C1098C280256B3B003F947C   (2753 words)

  
 Universal jurisdiction - Wikipedia, the free encyclopedia
Opponents argue that universal jurisdiction is a breach on each state's sovereignty: all states being equal in sovereignty, as affirmed by the United Nations Charter, no state has standing to try a crime, no matter how heinous, in another state's jurisdiction, if they have no sovereign interest in the matter.
The ICJ's decision at paragraph 43 specifically found that it did not have jurisdiction to consider the question of universal jurisdiction, instead deciding the question on the basis of immunity of high ranking State officials.
Consequently, it is particularly in Europe, where universal jurisdiction is applied in practice.
en.wikipedia.org /wiki/Universal_jurisdiction   (2455 words)

  
 [No title]
Although courts have asserted more direct claims to jurisdiction in many of these cases, the trend has prompted contemplation of the theoretical and policy implications for international affairs of a move toward the broader use of universal jurisdiction.
Cherif Bassiouni traces the origins of universal jurisdiction, arguing that the concept is not as clearly defined as many activists assert.
Richard A. Falk focuses on the Pinochet case and points out that, although universal jurisdiction was not part of the strict legal grounds used by the British House of Lords, the concept helped to legitimize the entire proceedings and focused attention on its future use.
www.colorado.edu /conflict/peace/example/universal_jurisdiction.htm   (621 words)

  
 Universal Jurisdiction: Debatabase - Debate Topics and Debate Motions
As long as the universal jurisdiction is focused on serious transgressions that are clear violations of the global judicial code (e.g genocide, torture mistreatment of prisoners of war), issues of differing cultural practices are irrelevant.
Universal jurisdiction is an impediment to effective domestic justice.
It is inevitable that universal jurisdiction will see states (or individual plaintiffs) trying to use the system as a means of perpetrating their political strategy via another forum.
www.idebate.org /debatabase/topic_details.php?topicID=265   (1232 words)

  
 TRIAL : Universal Jurisdiction
In a world where borders tend to blur, universal jurisdiction circumvents the classic criterions used by states to have jurisdiction by giving ground to the prosecution of the author of a crime, wherever he might be, following a fortuitous arrest, a complaint or a denunciation.
Nowadays, the principle of universal jurisdiction is considered as being of customary nature, at least with regards to the prosecution of war crimes (rule 157 of the ICRC study on customary international humanitarian law of 2005).
This is the reason why the practice of universal jurisdiction is often associated to a prerequisite of subsidiarity, argument set forth by some State to explain their reserve with regard to cases in which their diplomatic and economic interests could be affected.
www.trial-ch.org /en/international/universal-jurisdiction.html   (1357 words)

  
 Foreign Affairs - The Case For Universal Jurisdiction - Kenneth Roth
Summary: Henry Kissinger's criticisms of universal jurisdiction are misplaced and overblown.
Kissinger begins by suggesting that universal jurisdiction is a new idea, at least as applied to heads of state and senior public officials.
Universal jurisdiction was also the concept that allowed Israel to try Adolf Eichmann in Jerusalem in 1961.
www.foreignaffairs.org /20010901faresponse5577/kenneth-roth/the-case-for-universal-jurisdiction.html   (1661 words)

  
 Universal Criminal Jurisdiction - Human Rights Magazine, Winter 2004
Universal criminal jurisdiction is the principle of international law that permits any nation to prosecute certain serious international crimes, regardless of where they are committed, by whom or against whom, or any other unique tie to the prosecuting nation.
Universal criminal jurisdiction developed over time as a response to international recognition of serious crimes whose perpetrators were otherwise likely to escape prosecution.
While universal criminal jurisdiction is needed to serve justice, safeguards must be designed so that it is not abused by prosecutions that are frivolous or politically motivated or that violate basic due process protections.
www.abanet.org /irr/hr/winter04/universal.html   (1938 words)

  
 The Pitfalls of Universal Jurisdiction by Henry Kissinger
The doctrine of universal jurisdiction is based on the proposition that the individuals or cases subject to it have been clearly identified.
The pressures to achieve the widest scope for the doctrine of universal jurisdiction were demonstrated as well by a suit before the European Court of Human Rights in June 2000 by families of Argentine sailors who died in the sinking of the Argentine cruiser General Belgano during the Falklands War.
The advocates of universal jurisdiction argue that the state is the basic cause of war and cannot be trusted to deliver justice.
www.thirdworldtraveler.com /Kissinger/Pitfalls_Univ_Juris_Kis.html   (3151 words)

  
 African Perspectives on Universal Jurisdiction   (Site not responding. Last check: )
The concept of universal jurisdiction was examined from different angles including the Rwanda Tribunal, gender crimes and national implementation of universal jurisdiction.
Evelyn Ankumah suggested that universal jurisdiction should be pursued with caution, and that it is important to highlight and address the problems which accompany its application.
Universal jurisdiction applies to only crimes that relate to violation of the person such as torture, murder, rape, etc and not to economic, social and cultural violations.
www.afla.unimaas.nl /en/act/univjurisd/repunivjurisd.htm   (2050 words)

  
 SSRN-A Positive Theory of Universal Jurisdiction by Eugene Kontorovich
Discussions of universal jurisdiction (UJ) have been mostly normative, focusing on what UJ should be in an ideal world.
Universal jurisdiction over piracy was useful to nations as a legal fiction rather than as a substantive expansion of jurisdiction.
However, the new universal jurisdiction represents an entirely different phenomenon, one that does not share the characteristics that were necessary to piracy becoming universally cognizable, and that does not accord with the incentives of self-interested states.
papers.ssrn.com /sol3/papers.cfm?abstract_id=559583   (471 words)

  
 The Pinochet Precedent | How Victims Can Pursue Human Rights Criminals Abroad
This authority derives from the rule of "universal jurisdiction": the principle that every state has an interest in bringing to justice the perpetrators of particular crimes of international concern, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victims.
In addition to universal jurisdiction, many countries give their courts competence to punish a crime committed abroad against one of their nationals (the "passive nationality" or "passive personality" basis of jurisdiction), usually on the condition that the conduct is also criminal in the country where it occurred but was not punished there.
jurisdictional regime which requires that, in the absence of a Security Council referral, either the state on whose territory the crimes were committed or the state of nationality of the accused be a party to the statute or consent to jurisdiction.
www.hrw.org /campaigns/chile98/precedent.htm   (7417 words)

  
 Jurisdiction - Wikipedia, the free encyclopedia
In law, jurisdiction (from the Latin jus, juris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.
A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.
A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or a lower appellate court) has heard the matter.
en.wikipedia.org /wiki/Jurisdiction   (2678 words)

  
 "Princeton Principles" on Universal Jurisdiction   (Site not responding. Last check: )
The Princeton Principles on Universal Jurisdiction aim to clarify an increasingly important area of international criminal law - one that played a prominent role in the legal proceedings against former Chilean leader Augusto Pinochet in London and in the recent convictions of two Rwandan nuns in Belgium.
The principles are intended to legitimize the controversial idea that ordinary national courts should be able to hear charges against anyone found within their jurisdiction who is alleged to have committed a serious crime under international law.
"Universal jurisdiction is a potent weapon," said Princeton University professor Stephen Macedo, chairman of the project that developed the guidelines.
www.princeton.edu /~lapa/principles.html   (638 words)

  
 Universal Jurisdiction: A European Opportunity? - Worldpress.org
The latter is the possibility for every national jurisdiction to prosecute an individual, of whatever nationality, without any connection between the elements of the crime (such as the authors, victims or place of the crime) and the territory of judging state.
It follows that an individual or a state body can be put on trial by a foreign jurisdiction only when his or her mandate has come to an end, and of course when he or she is physically present on the territory of the judging state.
Universal jurisdiction could well offer Europe the opportunity it needs to strengthen its "soft power" role, while at the same time achieving a welcome harmonization of the foreign policies of the EU's member states.
www.worldpress.org /Europe/2823.cfm   (1717 words)

  
 Universal Criminal Jurisdiction and an International Criminal Court
Moreover, the jurisdiction of the international criminal court would depend on whether the accused party was a national of a state recognizing the competence of the criminal court, whether the offence had been committed on the territory of such a state, or whether the offender was residing in such a state.
Jurisdiction of the Court is not to be presumed.
Conferment of jurisdiction signifies the right to seize the Court, and the duty to accept its jurisdiction subject to such provisions as the state or states have specified.
www.ejil.org /journal/Vol1/No1/art4-05.html   (1594 words)

  
 Belgium rules the world*: Universal Jurisdiction over Human Rights Atrocities
Universal jurisdiction means that a state can punish "certain offences recognised by the community of nations as of universal concern" though that state has no links of territory with the offence, or of nationality with the offender or even with the victim.
Belgian courts still have universal jurisdiction over apartheid by virtue of Article 5 of the 1973 Convention on the Suppression and Punishment of Apartheid, 1015 U.N.T.S. The vague category of 'other inhumane acts of a similar character' may be in conflict with the requirement that norms of a criminal statute must be formulated clearly.
Jurisdiction was only established by virtue of the Act of 30 April 1947 modifying the Executive Act of 15 August 1943 conferring exceptional powers to Belgian courts concerning certain crimes committed abroad in wartime.
www.law.kuleuven.ac.be /jura/37n2/lemaitre.htm   (11134 words)

  
 SSRN-The Legal Limits of Universal Jurisdiction by Anthony Colangelo
Unlike other bases of jurisdiction in international law, the prescriptive substance of universal jurisdiction authorizes and circumscribes universal adjudicative jurisdiction; it defines not only the universal crimes themselves, but also the judicial competence for all courts wishing to exercise universal jurisdiction.
The Essay looks to chart out some important implications of this thesis for the real-world practice of universal jurisdiction; it evaluates how most easily to determine the customary definitions of universal crimes, to detect breaches of international law by courts that manipulate subjectively those definitions, and to enforce against such illicit manipulation.
And the Essay concludes that in the end these limits are enforced not by those states exercising universal jurisdiction, but rather by other jurisdictionally-interested states - that is, most often by those states whose national citizens are the subject of foreign universal jurisdiction proceedings.
papers.ssrn.com /sol3/papers.cfm?abstract_id=893904   (438 words)

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