Human Rights and Universal Jurisdiction (From World Justice? U.S. Courts and International Human Rights, P 1-22, 1991, Mark Gibney, ed. -- See NCJ-129558)

• NCJ Number: 129559
• Author(s): D Bodansky
• Date Published: 1991
• Length: 22 pages
• Sale Source: Westview Press, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The exercise of universal jurisdiction by domestic courts over certain types of human rights violations is permissible, given developments in international law, particularly human rights law, during the post-World War II period.

Abstract

According to the doctrine of universal jurisdiction, some types of offenses -- such as piracy, slave trading, and war crimes -- may be punished by a State, regardless of whether the State has any connection with the offense at issue. If universal jurisdiction exists, this means that international law permits states to enact municipal law proscribing and punishing a certain activity no matter where the activity occurs or who it involves. Developments in international human rights law in the 20th century have brought human rights violations under universal jurisdiction. This is due to the development of the notion of individual responsibility under international law, the erosion of the traditional concept of exclusive domestic jurisdiction, and the view that human rights obligations are owed to the international community as a whole. Universal jurisdiction exists when international law establishes individual responsibility for a violation of human rights. In such instances, a domestic court can apply the international norm to hold the offender liable and need not impose its own domestic standards and policies. 62 notes