Full Description
This timely book explores how the domestic courts of states across Europe, North America and Oceania have defined and applied their substantive laws in universal jurisdiction trials for core international crimes. It considers what 'universal justice' actually looks like in the national courtrooms of diverse states and probes the extent to which there is uniformity in the pursuit to punish universally condemned crimes.
Expert contributors analyse the relevant domestic laws in each state and examine their compatibility with the established international legal standards on war crimes, crimes against humanity and genocide. Using a consistent analytical structure, they present selected universal jurisdiction trials from these states and study the charged crimes, modes of liability and grounds for excluding criminal responsibility. Chapters address definitional challenges associated with universal jurisdiction and discuss whether the need to punish internationally condemned crimes in such trials has prompted uniformity in how this is done.
Universal Jurisdiction over Core International Crimes: Law & Practice is a vital read for legal scholars in international criminal and jurisdictional law. National courts, legislatures and policymakers involved in the investigation and prosecution of international crimes will also greatly benefit from the book's theoretical and practical insights.
Contents
Contents
PART I INTRODUCTION
1 Introduction: The search for 'universal justice' 3
Lachezar Yanev
2 Universal jurisdiction: Concept and conceptions 13
Morten Boe
PART II STATES' EXERCISE OF UNIVERSAL JURISDICTION: LAW AND PRACTICE
3 Australia 53
4 Austria 75
Andreas Sauermoser
5 Belgium 99
Mathias Holvoet
6 Canada 135
Joseph Rikhof
7 Denmark 165
Andreas Laursen
8 Finland 203
Mikaela Heikkilä
9 France 247
Caroline Fournet
10 Germany 275
Simon M. Meisenberg
11 The Netherlands 355
Lachezar Yanev
12 Norway 409
Carola Lingaas, Anette Gaaseby and Jo Stigen
13 Spain 439
Enrique Carnero Rojo
14 Sweden 475
Mark Klamberg
15 Switzerland 509
Andreas Mueller and Res Jorge Schuerch
PART III CONCLUSION
16 Universal jurisdiction's coming of age 539
Harmen van der Wilt
