Universal jurisdiction: Difference between revisions

Revision as of 15:53, 9 September 2002

Revision as of 15:55, 9 September 2002

Line 18:

The most controversial type of jurisdiction of all, at least with regard to some of its applications, is universal jurisdiction. This is where a State exercises jurisdiction over a crime, not because of any links between it and the crime (as in the above cases), but rather because the crime is considered a crime against the human race as a whole, which any State is authorised to punish.

UniversalThe term ''universal jurisdiction'' is amodern, quitethough oldit concept,is althoughbased theon termquite itselfan isold modernconcept. Since at least the nineteenth century, pirates have been recognized as ''hosti humanis generis'' (enemies of the human race), and piracy upon the high seas has been prosecutable by any state. This exercise of universal jurisdiction is well settled international law, universally accepted and free from controversy.

Far more controversial is the application of universal jurisdiction to war crimes, crimes against humanity, genocide and aggression.