Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes Under International Law

Front Cover
Stephen Macedo
University of Pennsylvania Press, Feb 22, 2006 - Law - 392 pages

When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, Hissène Habré. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.

Universal Jurisdiction brings together leading scholars to discuss the origins, evolution, and implications of this legal weapon against impunity. They examine the questions that cloud its future, and its role in specific cases involving Adolf Eichmann, Pinochet, Habré, and former Rwandan government officials, among others, in order to determine the proper place of universal jurisdiction in the emerging regime of international legal accountability.

 

Contents

Introduction
1
Preface
15
The History of Universal Jurisdiction and Its Place
39
The Quest for Clarity
64
Universal and National Jurisdiction
77
International
91
Universal Jurisdiction and Transitions to Democracy
121
Universal Jurisdiction and National Courts
168
Universal Jurisdiction National Amnesties and Truth
193
The Future of Universal Jurisdiction in the New Architecture
214
The Politics of Advancing International
260
List of Contributors
357
Acknowledgments
381
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