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Article
A Proposal for the International Law Commission to Study Universal Criminal Jurisdiction
African Journal of International Criminal Justice (2018)
  • Charles Jalloh, Florida International University College of Law
Abstract
The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the universality principle, which has in its past application strained and today continues to strain relations among States at the bilateral, regional and international levels, this paper successfully made the case for the inclusion of “Universal Criminal Jurisdiction” as a topic in the long-term programme of work of the International Law Commission during its Seventieth Session (2018). It was submitted that taking up a study of this timely topic, which has been debated by the Sixth Committee of the UN General Assembly since 2010, could enhance clarity for States and thereby contribute to the rule of law in international affairs. It will also server to continue the ILC’s seminal contributions to the codification and progressive development of international criminal law.
Keywords
  • Universal Criminal Jurisdiction,
  • International Criminal Law
Publication Date
2018
Citation Information
Charles Chernor Jalloh, A Proposal for the International Law Commission to Study Universal Criminal Jurisdiction, African Journal of International Criminal Justice Volume Issue 1-2 (2018). ISSN: 2352-068X Online ISSN: 2589-4315