Introductory Remarks by Máximo Langer
In: Proceedings of the annual meeting / American Society of International Law, Band 107, S. 233-233
ISSN: 2169-1118
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In: Proceedings of the annual meeting / American Society of International Law, Band 107, S. 233-233
ISSN: 2169-1118
In: American journal of international law, Band 105, Heft 1, S. 1-49
ISSN: 0002-9300
World Affairs Online
In: American journal of international law: AJIL, Band 105, Heft 1, S. 1-49
ISSN: 2161-7953
Under universal jurisdiction, any state in the world may prosecute and try the core international crimes— crimes against humanity, genocide, torture, and war crimes—without any territorial, personal, or national-interest link to the crime in question whenit was committed.The jurisdictional claim is predicated on the atrocious nature of the crime and legally based on treaties or customary international law. Unlike the regime of international criminal tribunals created by the United Nations Security Council and the enforcement regime of the International Criminal Court (ICC), the regime of universal jurisdiction is completely decentralized.
In: Harvard international law journal, Band 45, Heft 1, S. 1-64
ISSN: 0017-8063
World Affairs Online
In: European journal of international law, Band 30, Heft 3, S. 779-817
ISSN: 1464-3596
Abstract
Based on an original worldwide survey of all universal jurisdiction complaints over core international crimes presented between 1961 and 2017 and against widespread perception by international criminal law experts that universal jurisdiction is in decline, this article shows that universal jurisdiction practice has been quietly expanding as there has been a significant growth in the number of universal jurisdiction trials, in the frequency with which these trials take place year by year and in the geographical scope of universal jurisdiction litigation. This expansion is likely the result of, among other factors, the adoption of International Criminal Court implementing statutes, the creation of specialized international crimes units by states, institutional learning by states and non-governmental organizations (NGOs), technological changes, new migration and refugee waves to universal jurisdiction states, criticisms of international criminal law as neo-colonial and the search of new venues by human rights NGOs. The expansion of universal jurisdiction has been quiet because most tried defendants have been low-level, universal jurisdiction states have not made an effort to publicize these trials and observers have wrongly assumed that Belgium and Spain were representative of universal jurisdiction trends. The article finally assesses positive and negative aspects of the quiet expansion of universal jurisdiction for its defenders and critics.
In: European journal of international law, Band 30, Heft 3, S. 779-817
ISSN: 0938-5428
World Affairs Online
In: American political science review, Band 116, Heft 4, S. 1184-1207
ISSN: 1537-5943
Domestic courts sometimes prosecute foreign nationals for severe crimes—like crimes against humanity, genocide, torture, and war crimes—committed on foreign territory against foreign nationals. We argue that migrants can serve as agents of transnational justice. When migrants move across borders, as both economic migrants and refugees, they often pressure local governments to conduct criminal investigations and trials for crimes that occurred in their sending state. We also examine the effect of explanatory variables that have been identified by prior scholars, including the magnitude of atrocities in the sending state, the responsiveness of the receiving state to political pressure, and the various economic and political costs of prosecutions. We test our argument using the first multivariate statistical analysis of universal jurisdiction cases, focusing on multiple stages of prosecutions. We conclude that transnational justice is a justice remittance in which migrants provide accountability and remedies for crimes in their sending states.