Universal Jurisdiction

After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two: Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universaljurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universaljurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States.Reydams' point of departure is the need for a context-sensitive analysis. The municipal laws are thus placed in the larger context of a country's views on criminal jurisdiction generally and the casediscussions pay detailed attention to the factual and legal context of each case. This approach provides the reader with the reasons why the individual was, or was not, brought to justice in a third country. The inclusion of (translated) texts of municipal statutes, of (translated) excerpts from judicial decisions, and of commentaries by legal scholars makes this volume an important resource for decision makers and legal practitioners, national and international.

“''Universal Jurisdiction is one of the most debated issues in international criminal law. In a clear, comprehensive, and methodological way this book articulates the conditions under which a country may exercise judicial criminal jurisdiction over extraterritorial offences by foreigners. At a timewhen the fight against impunity is one of the main preoccupations in international criminal law this research of great quality represents a major instrument for scholars and practitioners.''Reynald Ottenhof, Professor Emeritus, University of Nantes (France), Director of the International Review of Penal Law”

'Universal Jurisdiction is one of the most debated issues in international criminal law. In a clear, comprehensive, and methodological way this book articulates the conditions under which a country may exercise judicial criminal jurisdiction over extraterritorial offences by foreigners. At a time when the fight against impunity is one of the main preoccupations in international criminal law this research of great quality represents a major instrument for scholars and practitioners.''Reynald Ottenhof, Professor Emeritus, University of Nantes (France), Director of the International Review of Penal LawReydams provides an excellent survey and analysis of legal doctrine and practice bearing on universal jurisdiction, including its formal foundations and exercise. many issues relevant to scholars and practitioners are well described and brought within a helpful typological scheme that sorts out the major differences among states in providing for universal jurisdiction, and clarifies the developing discussion about international law limits.'Henry Steiner, Professor of Law, Harvard University

Luc Reydams is Adjunct Assistant Professor at the University of Notre Dame.

After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two: Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. Reydams' point of departure is the need for a context-sensitive analysis. The municipal laws are thus placed in the larger context of a country's views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reader with the reasons why the individual was, or was not, brought to justice in a third country. The inclusion of (translated) texts of municipal statutes, of (translated) excerpts from judicial decisions, and of commentaries by legal scholars makes this volume an important resource for decision makers and legal practitioners, national and international.

This item is eligible for free returns within 30 days of delivery. See our returns policy for further details.