About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most