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Post by Charles C Jalloh on Apr 15, 2010 6:51:32 GMT 4
Universal Jurisdiction, Universal Prescription? A Preliminary Assessment of the African Union Perspective on Universal Jurisdiction Charles C. Jalloh University of Pittsburgh - School of Law Criminal Law Forum, Vol. 21, No. 1, March 2010 U. of Pittsburgh Legal Studies Research Paper No. 2009-38 Abstract: As a measure to combat impunity, the idea that any country in the world may assert jurisdiction over anyone involved in serious international crimes, irrespective of the place of the offence or the nationality of the perpetrator or victim, is compelling both logically and morally. Legally, however, ‘universal jurisdiction’ remains highly contested. When invoked, it often leads to serious disagreements between states regarding its nature, content and scope of application. This article examines one such dispute between the African and European Unions. It analyzes the recent African government objections to the use of universal jurisdiction by French and Spanish courts against certain Rwandan officials. The author suggests that while part of the AU concern seems exaggerated, its current stance exposes legitimate concerns about the legality, legitimacy and practical effects of universal jurisdiction. These should be addressed to harness the potential of the universality principle. He concludes with some preliminary observations challenging the propriety of prosecuting alleged African crimes within the national courts of certain European states. papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1585363_code925767.pdf?abstractid=1526622&mirid=2
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