Universal jurisdiction
Legal challenges of prosecuting international crimes
Jurisdiction is one the legal terms that must be used with extreme caution. Most generally jurisdiction is understood as the power of the State to regulate affairs pursuant to its laws.1 Controversial issues may arise when offence assumes international aspect which can cause conflict between jurisdictions of the countries. In each of the preceding bases of jurisdiction there must be a material link between the state asserting jurisdiction and the crime. That is what distinguishes the Universality Principle from the other bases; there need not be any specific link between the crime, its perpetrator or victims, and the state undertaking to exercise jurisdiction2. It might be said, that this principle developed in regard with State’s aim not only protect its own interests, but international community’s interests as whole, as international crimes may affect all the international legal order. More specifically, international crimes, such as crimes against peace, war crimes or crimes against humanity and transnational crimes – money laundering, terrorism, piracy, etc. are global and causes threat to international community as whole. However, universality principle has generated a great deal of controversy, in equal parts exegetical and political. 3 The aim of this essay is to identify and analyze some of the legal challenges of prosecuting international crimes under the basis of universal jurisdiction.
True meaning of universal jurisdiction is that international law permits any state to apply its laws to certain offenses even in the absence of territorial, nationality or other accepted contacts with the offender or the victim. These are offences that are recognized by the community of nations as of universal concern, and as subject of universal condemnation. 4 More and more states exercise universal jurisdiction, however primarily right to prosecute still has a state in which’s territory the crime was committed.
Jurisdiction is one the legal terms that must be used with extreme caution. Most generally jurisdiction is understood as the power of the State to regulate affairs pursuant to its laws.1 Controversial issues may arise when offence assumes international aspect which can cause conflict between jurisdictions of the countries. In each of the preceding bases of jurisdiction there must be a material link between the state asserting jurisdiction and the crime. That is what distinguishes the Universality Principle from the other bases; there need not be any specific link between the crime, its perpetrator or victims, and the state undertaking to exercise jurisdiction2. It might be said, that this principle developed in regard with State’s aim not only protect its own interests, but international community’s interests as whole, as international crimes may affect all the international legal order. More specifically, international crimes, such as crimes against peace, war crimes or crimes against humanity and transnational crimes – money laundering, terrorism, piracy, etc. are global and causes threat to international community as whole. However, universality principle has generated a great deal of controversy, in equal parts exegetical and political. 3 The aim of this essay is to identify and analyze some of the legal challenges of prosecuting international crimes under the basis of universal jurisdiction.
True meaning of universal jurisdiction is that international law permits any state to apply its laws to certain offenses even in the absence of territorial, nationality or other accepted contacts with the offender or the victim. These are offences that are recognized by the community of nations as of universal concern, and as subject of universal condemnation. 4 More and more states exercise universal jurisdiction, however primarily right to prosecute still has a state in which’s territory the crime was committed.