UNIVERSAL JURISDICTION ENSURING THE RULE OF LAW IN INTERNATIONAL CRIMINAL PROCEEDINGS
UNIVERSAL JURISDICTION ENSURING THE RULE OF LAW IN INTERNATIONAL CRIMINAL PROCEEDINGS

Summary/Abstract: This article explores the essential role of universal jurisdictionin enforcing state responsibilities under the ‘aut dedere aut judicare’ mandate, which requires the integration of internationalcrimes into national laws. It posits that universal jurisdiction isa fundamental requirement, not merely an option, for states toeffectively meet their international obligations. This necessityextends beyond criminalizing international offences, providingthe jurisdictional foundation for international criminal cooperation. The paper examines how universal jurisdiction reflectsstates’ prescriptive jurisdiction, enabling adjudicative jurisdictionin accordance with due process principles. By emphasizing thecritical role of universal jurisdiction in domestic law, the article illustrates how it aids states in adhering to their ‘aut dedereaut judicare’ obligations. This adherence is crucial for nationalcriminalization of international crimes and facilitating effectivecross-border legal cooperation, reinforcing justice, accountability,and the rule of law globally. Ultimately, incorporating universaljurisdiction into domestic legislation is vital for states to upholdinternational legal standards and due process, for operationalizinginternational cooperation in adjudicating international crimes,and fulfilling state responsibilities in line with the general theoryof legal process.

• Details
• Contents