The New Universal Jurisdiction: In Absentia Signaling Over Clearly Defined Crimes

Abstract

This Article explores the controversial international legal principle of universal jurisdiction- i.e., the principle that criminal jurisdiction by all states arises solely from the nature of the crime committed. The Article deals with two main issues confronting the modern doctrine and application of the principle: (i) whether a state may assert universal jurisdiction absent the presence of the accused on that state's territory, and (ii) what crimes give rise to universal jurisdiction. The purpose of this Article is to explore these issues fully, taking into consideration both theoretical and practical concerns, and to resolve the issues in favor of a modern principle of universal jurisdiction tailored to the oftentimes competing needs of international justice and peaceful relations among states.

Keywords: : International law, international criminal law, universal jurisdiction, universal crimes, trial in absentia, war crimes, human rights