Universal Jurisdiction In ‘International Criminal Law’: Legal Foundations, State Practice, And The Challenge Of Political Sovereignty
- IJLLR Journal
- May 22
- 1 min read
Gracy Tanwar, National Law University, Odisha
Siddharth Abhishek, National Law University, Odisha
ABSTRACT
Universal jurisdiction is one of the most important and, at the same time, controversial concepts in international criminal law. The doctrine was formed on the realization that some of the crimes are so severe that they pose a threat to the entire international community and cannot be left unpunished. Nonetheless, the extension of universal jurisdiction has caused a lot of legal and political controversy especially over the issue of state sovereignty, biased application and diplomatic strains.
The paper explores the legal basis of universal jurisdiction, its development by treaty and customary international law, and the way in which domestic courts are implementing universal jurisdiction. It examines the landmark court rulings that have contributed to the development of the doctrine and reviews the conflicts between the obligation to punish international crimes and the aspects of state sovereignty. The paper also addresses the problems related to misuse of power by politicians, jurisdictional issues and limitations to the enforcement. Finally, it claims that although universal jurisdiction is still a key tool in fighting impunity, its legality should be exercised judiciously and selectively in the context of the international law.
