The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the 'Court of Critique'

Transnational Legal Theory, Vol. 1, No. 4, p. 484, 2010

51 Pages Posted: 5 Apr 2011

See all articles by Itamar Mann

Itamar Mann

University of Haifa - Faculty of Law

Date Written: March 1, 2011

Abstract

This article revisits the case of The State of Israel v Adolph Eichmann and calls for renewed attention to the analysis of universal jurisdiction in this early example of it. Precisely because the Israeli court’s notion of universal jurisdiction is foreign to contemporary readers, it provides freshguidance on a doctrine that has recently gained enormous importance in global politics. The Eichmann Opinion suggests a two-tiered test: among the cases satisfying the traditional conditions for universal jurisdiction, only those cases in which there is a political interest in pressing charges should be selected. As a world court with universal jurisdiction has not been established, universal jurisdiction remains grounded both in a universal vision of humanity and in the violence wielded by particular institutions.

Keywords: International Law, International Criminal Law, Universal Jurisdiction, Violence, Human Rights, Legal Theory, Israel

Suggested Citation

Mann, Itamar, The Dual Foundation of Universal Jurisdiction: Towards a Jurisprudence for the 'Court of Critique' (March 1, 2011). Transnational Legal Theory, Vol. 1, No. 4, p. 484, 2010 . Available at SSRN: https://ssrn.com/abstract=1798486

Itamar Mann (Contact Author)

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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