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- According to the NCT, certain acts are universally criminal under international law – and thus qualify as true international crimes – because international law obligates every state in the world to criminalize and prosecute them.
papers.ssrn.com/sol3/papers.cfm?abstract_id=2836889What Is an International Crime? (A Revisionist History) - SSRN
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Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity.
One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them.
Sep 10, 2016 · According to the NCT, certain acts are universally criminal under international law – and thus qualify as true international crimes – because international law obligates every state in the world to criminalize and prosecute them.
- Kevin Jon Heller, Kevin Jon Heller
- 2016
- The Legal Basis and Importance of Universal Jurisdiction
- Is Universal Jurisdiction Being "Abused"?
- Claims About The Abuse of The Application of Universal Jurisdiction
Despite the recent controversy it has provoked, the concept of universal jurisdiction for grave crimes in violation of international law is not a new concept. It was codified in an international tr...
Some contend that the concept of universal jurisdiction is being "abused." Certainly, complaints can be filed that are aimed at causing political embarrassment where there is not sufficient evidence to bring a case. However, it is necessary to recall that: 1. The most frequently cited cases of such abuse are not, in fact, cases of universal jurisdi...
In the wake of arrest warrants against leaders of the Rwandan Patriotic Front, some have argued that universal jurisdiction is a tool used unfairly against Africans. Previously, others denounced universal jurisdiction as a means of advancing political objectives against the State of Israel or the United States. Here again, it is important to consid...
Sep 19, 2019 · Universal jurisdiction is the primary international-law vehicle for affirming the idea that certain acts are universally criminal’. Footnote 55. I opine that seriousness resides in the fact that the crimes are not investigated and prosecuted, not that they are universally condemned or universally abhorred.
- Christopher Soler
- soler.legal@gmail.com
- 2019
The principle of “universal jurisdiction” or the “uni-versality principle” is a unique ground of jurisdiction in international law that may permit a State to exercise na-tional jurisdiction...
No fewer than 166 States have defined at least one of the four crimes upon which universal jurisdiction can be exercised — war crimes, crimes against humanity, genocide, and torture — as crimes in their national law.
