Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-18T18:50:58.428Z Has data issue: false hasContentIssue false
  • English
  • Français

Universal Jurisdiction: Past, Present and Future

Published online by Cambridge University Press:  28 February 2017

Peter Weiss
Peter Weiss*
Affiliation:
Center for Constitutional Rights
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Universal Jurisdiction: It’s Back!
Information
Proceedings of the ASIL Annual Meeting , Volume 102 , 2008 , pp. 406 - 409
Copyright
Copyright © American Society of International Law 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 In the latter category, the 2006 Preliminary Report of the International Law Commission’s Special Rapporteur on the obligation to extradite or prosecute (“aut dedere aut judicare”) lists no less than twenty four crimes, ranging from war crimes and crimes against humanity to counterfeiting and international traffic in obscene materials, ¶ 36, UNGA Document A/CN.4/571.

2 S.65.1.2 gave Austrian courts jurisdiction over crimes committed abroad if they were also crimes under Austrian law and the suspect was in Austria and could not be extradited to the locus delicti. Id., ¶ 44. For more on the history of UJ in the form of aut dedere laws and conventions, see Amnesty International’s comprehensive report, The Evolution of the Practice of Universal Jurisdiction, available at http://web.amnesty.org/library/index/engior530042001.

3 For the text of the 14 Principles, without commentaries, see the website of the University of Minnesota Human Rights Library, at http://www1.umn.edu/humanrts/instree/princeton.html. The complete text of the principles, commentaries and papers was published by the University of Pennsylvania Press in 2003 under the title Universal Jurisdiction—National Courts and the Prosecution of Serious Crimes Under International Law.

4 1985 R.S., c. G-3; 18 U.S.C. 2441 (2004); 18 U.S.C. 2340 (2004).

5 For a history of the ground-breaking Pinochet litigation and some of its progeny see Naomi Roht-Arriaza. The Pinochet Effect: Transnational Justice in the Age of Human Rights (2005).

6 Mevlut Katie, Former Afghan Warlord Sentenced in Britain in Landmark Case, Eurasianet, Jul. 20, 2005. available at http://www.globalpolicy.org/intljustice/universal/2005/0720afghan.htm

7 Amin Tarzi, Afghanistan: Dutch Verdicts Could Reopen Old Wounds, Radio Liberty, Oct. 19, 2005, available at http://www.rferl.org/featuresarticle/2005/10/d3185711-2419-4fb5-b5f3-f4c613773c70.html.

8 Human Rights for All, Ely Ould Dah convicted after six years of proceedings. Our perseverance paid off!, Jul. 2, 2005, available at http://www.fidh.org/article.php3?id_article=1809.0.html.