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Looking Back from Nowhere: Is There a Future for Universal Jurisdiction over International Crimes?

Looking Back from Nowhere: Is There a Future for Universal Jurisdiction over International Crimes? Tilburg Law Review 16 (2011) 5–29 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/221125911X590949 brill.nl/tilr Looking Back from Nowhere: Is There a Future for Universal Jurisdiction over International Crimes ? Noora Arajärvi Lecturer at the University of West Indies, Faculty of Law, St. Augustine Campus, Trinidad & Tobago Noora.Arajarvi@EUI.eu “ There is no generally accepted defijinition of universal jurisdiction in conventional or customary international law.” 1 Judge Van den Wyngaert, Dissenting Opinion in the Arrest Warrant case Abstract Universal jurisdiction originated centuries ago in order to prosecute pirates operating on the high seas. Subsequently, its scope was expanded to cover multiple other serious criminal acts, regardless of where they were committed. Belgium and Spain in particular have been active forerunners in commencing prosecutions based on absolute universal jurisdiction – absolute in the sense that the only limiting factor is the gravity of the crime. In the past decade, as a political and legal offfset to this exercise of broad extra-territorial jurisdiction, many states, including Belgium and Spain, have begun to narrow the applicability of universal jurisdiction. This has led to the emergence of ‘conditional’ or ‘restrictive’ universal jurisdiction: not only linking its application to the gravity of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

Looking Back from Nowhere: Is There a Future for Universal Jurisdiction over International Crimes?

Arajärvi, Noora
Tilburg Law Review , Volume 16 (1): 5 – Jan 1, 2011
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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
DOI
10.1163/221125911X590949
Publisher site
See Article on Publisher Site

Abstract

Tilburg Law Review 16 (2011) 5–29 © Koninklijke Brill NV, Leiden, 2011 DOI 10.1163/221125911X590949 brill.nl/tilr Looking Back from Nowhere: Is There a Future for Universal Jurisdiction over International Crimes ? Noora Arajärvi Lecturer at the University of West Indies, Faculty of Law, St. Augustine Campus, Trinidad & Tobago Noora.Arajarvi@EUI.eu “ There is no generally accepted defijinition of universal jurisdiction in conventional or customary international law.” 1 Judge Van den Wyngaert, Dissenting Opinion in the Arrest Warrant case Abstract Universal jurisdiction originated centuries ago in order to prosecute pirates operating on the high seas. Subsequently, its scope was expanded to cover multiple other serious criminal acts, regardless of where they were committed. Belgium and Spain in particular have been active forerunners in commencing prosecutions based on absolute universal jurisdiction – absolute in the sense that the only limiting factor is the gravity of the crime. In the past decade, as a political and legal offfset to this exercise of broad extra-territorial jurisdiction, many states, including Belgium and Spain, have begun to narrow the applicability of universal jurisdiction. This has led to the emergence of ‘conditional’ or ‘restrictive’ universal jurisdiction: not only linking its application to the gravity of the

Journal

Tilburg Law Review – Brill

Published: Jan 1, 2011

Keywords: ARREST WARRANT CASE; UNIVERSAL JURISDICTION; CUSTOMARY INTERNATIONAL LAW; INTERNATIONAL CRIMINAL LAW; INTERNATIONAL CRIMINAL COURT; PIRACY; FILARTIGA CASE; THE PRINCETON PRINCIPLES ON UNIVERSAL JURISDICTION; EICHMANN CASE; CRIMES AGAINST HUMANITY

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