Universal Jurisdiction
International and Municipal Legal Perspectives
Series: Oxford Monographs in International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 5 August 2004
- ISBN 9780199274260
- Binding Paperback
- No. of pages500 pages
- Size 234x156x16 mm
- Weight 452 g
- Language English 0
Categories
Short description:
This study is about the ambit of national criminal law. Can a country prosecute and punish a foreigner for a crime committed abroad against another foreigner? Reydams first identifies the international legal issues which arise when a State exercises extraterritorial jurisdiction generally. He then brings together detailed accounts of universal jurisdiction in fourteen countries: Australia; Austria; Belgium; Canada; Denmark; France; Germany; Israel; the Netherlands; Senegal; Spain; Switzerland; the United Kingdom; and the United States.
MoreLong description:
After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction?
Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States.
Reydams' point of departure is the need for a context-sensitive analysis. The municipal laws are thus placed in the larger context of a country's views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reader with the reasons why the individual was brought to justice in a third country. The inclusion of (translated) texts of municipal statutes, of (translated) excerpts from judicial decisions, and of commentaries by legal scholars makes this volume an important resource for decision makers and legal practitioners, both national and international.
... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal ... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law.
Table of Contents:
Introduction
Part I. Universal Jurisdiction in International Law
Working Frame
A. Lotus case
B. Absence of global convention
C. Consequences of ultra vires Jurisdiction and Remedies
D. Jurisdiction, Extradition, and Human Rights
E. Burden of Proof
F. Principles of Jurisdiction
G. Forms of Jurisdiction
H. Jurisdiction and Globalization
Summary
Doctrine
A. The Co-operative General Universality Principle
B. The Co-operative Limited Universality Principle
C. The Unilateral Limited Universality Principle
Summary
International Texts
A. Multilateral Conventions
B. Resolutions of Intergovernmental Bodies
C. Official Drafts and Studies
Part II. Universal Jurisdiction in Municipal Law
Introduction
Australia
Austria
Belgium
Canada
Denmark
France
Germany
The Netherlands
Israel
Senegal
Spain
Switzerland
The United Kingdom
The United States
Conclusions
Postscript
Bibliography
Index
