Universal Jurisdiction in Modern International Law: Expansion of National Jurisdiction for Prosecuting Serious Crimes Under International Law

Front Cover
Intersentia nv, 2005 - Law - 269 pages
1 Review
This study is based on the following questions: Which Jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the 'expansion' of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of 'Which jurisdiction should be exercised?'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
 

What people are saying - Write a review

User Review - Flag as inappropriate

119 differnce between universal and international criminal jurisdiction

Contents

II
1
III
3
IV
4
V
6
VI
11
VII
13
VIII
15
IX
21
XXI
157
XXII
163
XXIII
169
XXIV
173
XXV
178
XXVI
195
XXVII
197
XXVIII
209

X
30
XI
46
XII
47
XIII
49
XIV
55
XV
69
XVI
83
XVII
99
XVIII
101
XIX
127
XX
148
XXIX
221
XXX
223
XXXI
232
XXXII
233
XXXIII
236
XXXIV
246
XXXV
252
XXXVI
255
XXXVII
263
XXXVIII
269
Copyright

Common terms and phrases

Bibliographic information