Universal Jurisdiction

Margarita Robles Carrillo

Abstract:

The history of universal jurisdiction (UJ) has always been considered in dramatic terms, sometimes tragic. It has been the story of the heroes of justice against the slaves of politics, unpunished criminals against innocent victims, privileges and immunities against equality and dignity—in short, oppressors against the oppressed. The evolution has also been described in dramaturgical terms as the rise and fall of the gods or as an opera in three acts. From Eichmann in Jerusalem in the 1960s to Hissène Habré Extraordinary African Chamber in 2013, there is a long and tortuous road with undeniable mistakes, setbacks, and abuses. But there are also significant and valuable results and a constant determination in the fight against impunity. It has not been the path of rise and fall, as argued by some doctrine, but rather that of the definitive assertion of a principle and the progressive determination of its scope and limits. More than anything else, UJ is a clearly established principle located in the intersection between international and domestic law whose main objective is the fight against impunity. Its existence cannot be questioned, but it is still under construction because it has become necessary to restate and clarify its purpose, rationale, nature, scope, and limits as a result of its practical application

Research areas:

• Cyberlaw

Year:

2018

Type of Publication:

Article

Journal:

Oxford Bibliographies

DOI:

10.1093/OBO/9780199796953-0054