Universal Jurisdiction- Intoleration of Crimes that Serve as Common Interest for All

- Defined as “a legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime and the nationality of the perpetrator or the victim”1)

- Two Underlying Premises: the gravity of the crime and locus delicti (place of the act).

* Why do states exercise universal jurisdiction?

1) Kenneth C. Randall, 'Universal jurisdiction under international law', Texas Law Review, No. 66 (1988), pp. 785-8: International Law Association Committee on International Human Rights Law and Practice, 'Final Report

What is Universal Jurisdiction..?

International Criminal Court vs Universal Jurisdiction

- International Criminal Court (ICC) : judicial body of political entity that “investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community; jus cogens norms” (PREVIOUS PRESENTATION)

- Established by Rome Statute (132 members)

- Prosecute Individuals

Universal Jurisdiction: not a court, nor a judicial body but a legal principle

Differences:

1. The extent of jurisdiction

2. Periodic constraint (July 1, 2002)

3. Uniform standard vs state criminal codes

Accountability for U.S. Torture

Center for Constitutional Rights filed several cases against former U.S. officials (including George W. Bush and Donald Rumsfeld) for their role in the torture of detainee in Abu Ghraib, Afghanistan

Spanish Investigation

- Judge Baltasar Garzon issued preliminary investigation into “authorized and systematic plan of torture and ill-treatment of persons” in U.S. detention facilities

- Hamed Abderrahman Ahmed / Ikassrien Lahcen / Jamiel Abdul Latif Al Banna / Omar Deghayes

Charges on George W. Bush and Dick Cheney

- how restrictions were imposed even after the end of their political term

Criminalizing the Illegal Use of Force: Activating the Jurisdiction over Crime of Aggression

- Crime of Aggression (define “aggression..?”)

- Criminal Nature of Aggression: individuals

- Requirement of Specific Formula to Try Individuals

- The London Formula (1945)

* The International Criminal Court and the Crime of Aggression, Mauro Politi and Giuseppe Nesi

Criminalizing the Illegal Use of Force (Cont.) Activating the Jurisdiction over Crime of Aggression

Foundation of International Criminal Court (ICC) that entered into force in 1998, has been working towards fighting against the worst kind of crimes in the history of humanity. Crimes of aggression, along with three other major crimes stated by ICC (genocide, war crimes, and crimes against humanity), has become an issue in the international society, and steps have been steadily taken to take the measure into activation. The decisions made in Kampala, Uganda, have been gaining increasing support from a number of states (32 ratifications including the most recent ones from Netherlands and Chile), and now the international society is steps away from bringing justice to the perpetrators of one of the most violent crimes

- “Though the consensus and the agreement were not easy to come by, ratification of Kampala Amendment of 2010 not only defined the crimes (crime of aggression) but also conditioned the terms for exercising the jurisdiction” (NETHERLANDS)

- “If we feel that statute is not working, then we should work towards amending the statute and eventually make it work. Botswana initially and occasionally felt lonely and labeled for “singing European song” by assisting the work of ICC. But now we are proud of contributing to abolishing humanity’s worst crimes as one of the few African supporters” (BOTSWANA).

FIBGAR: External Support on Jurisdiction

- Dissemination of the Madrid-Buenos Aires Principles on Universal Jurisdiction

- Three Objectives1) to reaffirm doctrinal efforts2) to promote the codification3) to report new sources of impunity

Food for Thought

Universal jurisdiction does not necessarily guarantee immediate prosecution of perpetrators. That being said, do you still believe it is an effective measure? Why or Why not?

U.S. does not exercise universal jurisdiction nor is it a member of the Rome Statute. Despite the political gain, the decision also has consequences. Any ideas what they might be? (hint. Why George W. Bush stays away from Europe)