"This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi's work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, [the author] argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ('ending impunity') and formalist ('avoiding abuse') and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O'Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
"The period of an international tribunal's temporal jurisdiction is, generally, the span of time during which an act must have occurred before the tribunal may consider if the act breached an international obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction: Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached, but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards?"--Book jacket
the exception of domestic jurisdiction as a bar to action by the League of Nations and the United Nations ; a contribution to the study of article 15, paragraph 8, of the covenant and article 2, paragraph 7, of the charter