Redefining Universal Jurisdiction
25 Pages Posted: 1 Apr 2020 Last revised: 15 Sep 2020
Date Written: 2001
This essay assesses how historical jurisdictional bases for adopting and applying international criminal law norms, most recently exemplified by the Rome Statute for the International Criminal Court, have given rise to a new universal international jurisdiction. It also examines how domestic courts exercise universal inter-state jurisdiction to try international crimes. Finally, this essay proposes a methodology for courts and commentators to conceptualize and analyze both types of universal jurisdiction, with the former exercised by the international community and the latter exercised by States.
Keywords: universal jursidiction, universal international jurisdiction, universal inter-state jurisdiction, Rome Statute, International Criminal Court, ad hoc tribunals, customary international law, Nuremberg Tribunal, complementarity principle, Rome Treaty, State sovereignty, jus cogens, double jeopardy
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