Three Cheers for Universal Jurisdiction - Or Is It Only Two?

Abstract

Universal jurisdiction has entered upon a dramatic and turbulent period of its long and generally stable history. Once associated primarily with prosecution for piracy or slave trading, it now figures in state-court prosecution of persons accused of international crimes that have been incorporated into state law, particularly genocide, crimes against humanity and war crimes. This new direction has generated serious interstate conflicts, particularly when the acts for which defendants are charged are viewed by some states or regions as criminal and by others as heroic and when the actual or proposed defendants are citizens of a major power. The critical current task is to engage in broad public discussion of these issues in order to build some consensus among many states about the legitimate uses and potential abuses of universal jurisdiction.