UNIVERSAL JURISDICTION

Universal Jurisdiction

Universal Jurisdiction

The law of universal jurisdiction can prosecute those who committed war crimes or crimes against humanity in court in any country, no matter when or where these crimes were committed or the nationality of the victims or the accused. If applied in a fair and effective, universal jurisdiction could become an important tool to combat the most serious abuses against human rights. Universal jurisdiction is the principle that all States are responsible for bringing to justice the perpetrators of certain crimes, regardless of where the crime was committed and the nationality of the perpetrators and their victims.

Universal Jurisdiction is the legal principle that allows a person to punish regardless of the location of the crime or whereabouts of the offender. The foundation is a mechanism - "either extradite or prosecute", i.e. (the state or they themselves judged the perpetrator or the obligation to extradite him to another state party to the agreement.). Basically, universal jurisdiction is established for the acts that are considered hazardous in all states: crimes against humanity, genocide, war crimes, extrajudicial executions, torture, and enforced disappearances (when appropriate intergovernmental agreements).

Principle of universal jurisdiction applied by the national and international courts in their judgments

Under international law, and in some cases, requires that States exercise their jurisdiction over persons suspected of grave crimes under international law internationally, regardless of where those crimes were committed, including the territory another state. The principle of universal jurisdiction has the ultimate goal to fight against impunity for serious criminals of State who, despite the abuses, managed to escape their national justice through laws of general amnesty or by terror they still elicit. However, the jurisdiction of the State is primarily territorial. This means that the state exercises its authority in accordance with international law on the people, operations, property or situations located within its territory.

The territorial jurisdiction of the state is general and exclusive. The exception to this is the case of the immunities and privileges granted to foreign persons, international organizations have their headquarters in the territory of the State, the diplomatic and consular officers recognized by the Convention Vienna to ensure that individuals who commit serious crimes (such as acts of terrorism) does not remain unpunished by taking refuge in a State which is empowered to continue, either under local jurisdiction or personal jurisdiction under a number of international conventions have established the principle of competence Universal, whose philosophy is needed from day to day.

This principle thus allows a country to judge people without nationality and have not committed crimes on his territory or against its nationals or interests. And moreover it was originally applied not on the basis of international conventions but an old customary rule, having relating to piracy." International law requires every State to exercise universal jurisdiction in respect of the alleged perpetrator of a serious crime since the author is present on the territory of that State. Unlike the strict condition, some time ago, the presence of accused of serious crimes ...