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8 Eyes on the ICC 73 (2011-2012)
Universal Jurisdiction Not So Universal: Time to Delegate to the International Criminal Court?

handle is hein.journals/eyesicc8 and id is 83 raw text is: UNIVERSAL JURISDICTION NOT SO UNIVERSAL Time to Delegate to the International Criminal Court? Dalila Hoover* The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines several le- gal and political issues. Because the principle of universal jurisdic- tion relies on national authorities to enforce international prohibi- tions, pivotal decisions are expected to reflect domestic decision- makers' positions as to the interests ofjustice, the national interest, and other criteria. In many states, the legal system lacks the means to investigate or prosecute crimes that should be investigated using the concept of universal jurisdiction. Indeed, many legal systems do not define the term crimes that can be prosecuted under the princi- ple and continue to apply domestic criminal law. The purpose of this article is to discuss the scope of universal jurisdiction and the risks associated with its application. In particular, this article highlights the various obstacles that may explain why universal jurisdiction has not yet proven to be an effective tool to combat impunity. Final- ly, this article proposes a solution that may remedy the current in- adequacies associated with the implementation of the principle of universal jurisdiction and would ensure peace and justice within the international community with regards to heinous crimes. Consider- ing the obstacles and risks associated with the scope and application of universal jurisdiction, the best way to protect the international community from being affected by unpunished crime is to subject the exercise of universal jurisdiction ofa state party to the Rome Statute to the scrutiny of the ICC through the creation of a Review Board that would, in turn, assess the legitimacy of a state's claim over a particular case according to fair and uniform laws. Keywords: universal jurisdiction, International Criminal Court, Rome Statute, universal crimes, international crimes, internation- al criminal law I. INTRODUCTION A. Universal Jurisdiction in Domestic Courts In the fall of 1998, the world witnessed for the first time the arrest of a former head of state, former Chilean dictator Augusto Pinochet, in Lon- don following an arrest warrant issued as a result of allegations of hu- man rights violations committed during his administration between 1973 * BA (Universit6 La Sorbonne Nouvelle, Paris), M.A. (Universit6 La Sorbonne Nouvelle, Paris), J.D. (Saint Louis University School of Law) with a Certificate in International and Comparative Law. I would like to thank Senior Partner Frank Hong at Longan Law Firm, Shanghai, China for inspiring me to write and publish scholarly papers while clerking for him and Eyes on the ICCs Editor-in-Chief Dr. Bernard Kuschnik and the editorial staff for their valuable feedback and suggestions on this paper.

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