EXPLAIN AND COMMENT ON THE PREPOSITION THAT UNIVERSAL

JURISDICTION IS THE BEST WAY OF PURSUING INTERNATIONAL CRIMINAL

JUSTICE

MIRIAM CHEPCHIRCHIR METTO

17652718

INTERNATIONAL CRIMINAL LAW

(UNIT CODE)

22/09/2024

1
Abstract

The principle of universal jurisdiction takes an important duty in enforcing international

criminal justice. It does that by enabling countries and international organizations to

prosecute individuals and legal persons for serious crimes despite the place the offence

occurred. This research vividly assesses the merits and challenges in relation to advising the

principle to its future application of universal jurisdiction. Amendments in existing laws to

include transitioning crimes, which evolve with time and incorporation of technology in

handling matters when undertaking the prosecution process. Collaborative determinations and

efforts by non-governmental organizations, govern entities and civil societies are great at

fostering a deep understanding of the principle of universal jurisdiction. This will help in

handling international criminal law in prosecution of serious crimes.

2
Table of contents

Abstract………………………………………………………………………………...page 2

Introduction……………………………………………………………………………. page 4

Research Breakdown………..………………………………..…….…………………...page 6

Literature Review……………………………………………..…….…………………...page 6

Discussion………………………………………………………………………………page 17

Conclusion…………………………………………………...………..………………. page 20

References……………………………………………………..…………..…………...page 23

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Explain and comment on the preposition that universal jurisdiction is the best way of

pursuing international criminal justice

Introduction

The principle of universal jurisdiction grants legal mandate of a state to adjudicate and

govern matters that are beyond national borders. It establishes an outline which a country can

depend on when n dealing with a case over individuals or legal persons and events that may

have occurred outside their territory. The principle of universal jurisdiction gives power to

international organizations or states to claim an accused person and criminal jurisdiction

regardless of the place the crime was committed. The Nationality of the accused person and

connection to other prosecuting agencies would not hinder application of the principle when

dealing with a case. This principle applies in grave international crimes such as war crimes,

torture, genocide and crime against humanity. This principle transcends territorial

demarcations and enhance cross border relationship between different jurisdictions to ensure

that there a smooth interaction in apprehending criminals for purposes of international

prosecution1. This significantly addresses impunity by ensuring accountability for criminal

activities that affect existence of humanity and their properties.

This research aims to explore and remark on the preposition that universal jurisdiction is the

best way of pursuing international criminal justice. The core guiding research question would

then be “is universal jurisdiction approach an effective mechanism aimed at achieving

international criminal justice?” The question condenses the substance of the project that seeks

to assess the importance and challenges of universal jurisdiction in the perspective of

international criminal justice system.

1
Heller, K. A. C., 'The Legitimacy of Universal Jurisdiction' (2017) 26 European Journal of
International Law 37

4
The setting of this research is cheered in the contemporary and historical application of the

principles of universal jurisdiction by several countries. Notable occasions include

prosecution of Augusto Pinochet, a former Chilean dictator in Spain who was summoned by a

warrant of arrest issued by Belgium for individual accountability on the atrocities leading to

the Rwanda genocide. This a clear illustration of the potential that the principle of universal

jurisdiction in bringing perpetrator to book and justice where national jurisdiction has been

unable and unwilling to take up the matter.

Research Breakdown

This research will also delve into foremost merits of the principle of universal jurisdiction,

plus its capability to handle cases of impunity and its interrelation with international justice

system and mechanisms such as the International Court of Justice (ICC). The International

Court of Justice presents a supplementary framework elaborating on accountability, which

compliments the efforts of states that exercise universal jurisdiction. The legal procedures

intricate in the presentation of universal jurisdiction together with international laws will be

analysed to come up with a comprehensive understanding of how the principle work in

practice of law and in defending affected parties.

Nonetheless, despite its success, the principle of universal jurisdiction has a number of

challenges. Political interference and jurisdictional noncompliance have majorly barred

effectivity of universal jurisdiction. Also, inadequate funding and resources affect collection

and compilation of evidence as in most cases it will lead to a clash with the state sovereignty.

These challenges will be articulated with case studies and examples, emphasizing the

difficulties and diplomatic conflicts and tension that arise when a jurisdiction applies the

principle of universal jurisdiction.

5
The expected result of the research will include a vivid understanding of the merits and

demerits of universal jurisdiction as an avenue for resolving international criminal disputes

and application of international criminal justice.

Literature Review

This Literature Review aims at conceptualizing, contextualizing and problematizing the use

of universal jurisdiction as the best way in pursuing international criminal justice.

The genesis of the principle of universal jurisdiction traces back to the aftermath of World

War II (1945-1946) where many crimes had been committed in different jurisdiction by

individuals who were not apprehended2. Most of these people were state leaders who

allegedly claimed state immunity though they had committed major crimes against humanity

in and out of their jurisdictions Geofrey, 2006. The Nuremberg Trials where the international

community got a precedent that was relevant for prosecution of crimes despite the

perpetrator’s geographical location or national boundaries 3. Intellectuals like Akande and

Shah have brought forward the normative bases and foundations which include structured

institutions of universal jurisdiction with the argument that it sought to cater for a collective

interest of people with the aim of preventing impunity on severe violations of the principles

of international law Akande & Shah, 2010. This ideology footprint universal jurisdiction by

laying it as a manifestation of worldwide commonality against atrocities.

2
Geoffrey, M. 'Universal Jurisdiction: The Historical Context' (2006) 29 Journal of International Criminal
Justice 15.
3
Schabas, W. A., ‘An Introduction to the International Criminal Court’ (2017) 4th ed. Cambridge University

Press.

6
It also relates to customary international law where it applied in disputes involving cases such

as piracy. States could arrest pirates on high waters without needing to connect their place of

origin. Most of piracy crimes at that time used to happen on no man’s land which without the

principle of universal jurisdiction, there would be no governing law of holding pirates

accountable4. The maritime department saw it prudent to have a universal legal provision that

would be used to hold accountable pirates for their offences committed at high sea without

the need of depending on national laws. It was articulated in legal texts like the Piracy

Convention of 1982 that emphasized the idea that piracy is a crime that knows no boundary 5.

This enabled the legal team to handle offenders without needing permission or negotiations

from their country on how they would be subjected to law6.

The legal vacuum and a persistent reoccurrence of the offence of piracy prompted the United

Nations Convention on the Law of Sea (UNCLOS) under Article 105 in the year 1982 by

codifying the principle of universal jurisdiction over the offence of piracy, which saw a

significant drop on the frequency the offence occurred 7. Enabling force for creation of this

law was a communal acceptance that the crime of piracy was rampant and it cut across

borders as it interrupted major transaction leading to losses of lives, time funds and

investments8.

However, its significantly notable that interpretation of the offence of piracy varied from

region to region which hindered effective application. This called for international

collaboration to come with different methods of handling the offence which was off the court

4
Kamminga, M. (2017). The Role of Universal Jurisdiction in International Law. In: International Criminal
Law and Philosophy. Springer.
5
Leach, R. J. R., 'The Role of Universal Jurisdiction in International Criminal Law' (2015) 19 Journal of
International Criminal Justice 291.
6
UNCLOS, 'United Nations Convention on the Law of the Sea' (1982).
7
ibid
8
Ramsay, M. (2020). Universal Jurisdiction and Its Implications for Domestic Law. Journal of International
Law, 12(1), 89-102.

7
room and have a preventive measure that will ensure the commission offence is deterred 9.

Joint maritime patrol teams were created to be on full time high alert surveying high sea and

busy waterways that will ensure the smooth navigation of water vessels 10. A good example is

the Contact Group on Piracy Off the Coast of Somalia (CGPCS) proved effective as they kept

the pirates at the Horn of Africa from having access to ship that use the route to their

destination11.

Incorporation of technological advances in implementation of the principle of universal

jurisdiction as it will ease the tie taken in preparation and organization matters. Technology

will help in timely preparation by creation of databases that wold have various provisions

such as cause listing of matters, precedents from the past matters and a track of progress on a

matter12. Technology can also be used as a preventive measure that would deter an offence

from being committed by giving real-time satellite images and video footages of a concerned

region. With most countries having data privacy laws, application of such would see such

dynamic advancement barred from application13. Therefore, by creation of a law that would

have multilateral engagement with various states and their departments in ensuring approval

of technological access without breaching the law and staying on course of the mission 14. On

this can be used to locate and issue order for military support that will protect the vulnerable

and ensure maintenance and restoration of status quo as articulated by Robinson, 2019.

9
Bassiouni, M. C., 'Universal Jurisdiction for International Crimes: Historical Perspectives and Contemporary
Practice' (2010) 25 Virginia Journal of International Law 185.
10
Bassiouni, M. C., 'The Legislative History of the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment' (2010) 1 Human Rights Law Review 123.
11
ibid
12
Bassiouni, M. C., 'Universal Jurisdiction for International Crimes: Historical Perspectives and Contemporary
Practice' (2010) 25 Virginia Journal of International Law 185.
13
Robinson, D., 'The Role of Technology in International Criminal Justice' (2019) 10 Criminal Law Review
321.
14
Ramsay, M. (2020). Universal Jurisdiction and Its Implications for Domestic Law. Journal of International
Law, 12(1), 89-102.

8
Experts of international criminal justice assert that these bodies are created with no

jurisdiction and staffing come from various countries in collaboration of ensuring matters are

heard and determined. Schabas identifies that the institutions have a duty of conducting

preliminary investigation of matter brought to the attention with the aim of ascertaining

whether the accused persons are the perpetrators15. To some extent, the team may be required

to visit the specific country where the atrocities occurred with the aim of accessing first-hand

information and identifying parties that will be brought on board as witnesses. The witness

protection program serves a role of protecting witnesses in such cases so that they may not be

compromised or threatened at the time of the proceeding 16. This ensure that they have a full

and vivid understanding of the case with the aim connecting the crime to the offender since

the bench may not be familiar with topographical and cultural factors that may have let to

acts of omission or commission of the crime17.

The principle of universal jurisdiction functions alongside international legal structures and

frame work which is the International Criminal Court. Bassioni emphasizes that the principle

of universal jurisdiction has played part in ensuring the International Criminal Court (ICC) is

not the only body that can prosecute serious crimes but individual states too are capable in

places where the ICC is not allowed to intervene Bassiouni, 2010. This process calls for a

multiple number of processes and agreements hat would enhance and encourage cross border

relation in relation to fighting international criminals. The cooperation allows the principle of

universal jurisdiction to be a fall back in handling and attaining criminal justice. This will

15
Morris, V. C., 'Challenges in Prosecuting International Crimes' (2014) 29 New Criminal Law Review 315.
16
Bergsmo, M., ‘Accountability for Atrocities: Universal Jurisdiction in Practice’ (2010).
Bianchi, A. (2018). A Rights-Based Approach to the Enforcement of Universal Jurisdiction. European Journal of
International Law, 29(2), 399-425.
17
Cryer, R. (2016). An Introduction to International Criminal Law and Procedure. Cambridge University

Press.

9
help in resolving matters that escalate easily out of political differences that may lead to

commission or omission of prevention of the heinous crime 18. This will also ease and reduce

on the backlog and travel time of the International Criminal Court judges and support team.

Despite the prosecution-taking place in the country, international criminal law will take lead

and guide of the prosecution process. Bassioni therefore brings the connection between

international political practice and international criminal laws which countries too have

adopted them as their domestic laws as explained by Bassiouni, 2010.

On practicality Cryer acknowledges the how application of the principle of universal

jurisdiction in handling international criminal justice. Despite the international criminal

taking lead, domestic prosecution will be first at times when handling criminal matters that

are as result of crime against humanity. The international Criminal Court will take

responsibility from where domestic court lefty or prepare a fresh hearing 19. This will not only

encourage integrity but also give chance to all parties to bring forward reasons of their

allegations and defences thereof Cryer, 2006. The existence of universal jurisdiction

motivates state cooperation though not all countries will approve but most of them which

collaborate have it easy in solving matters before it get to the international court 20. Most

perpetrators seek refuge in foreign land in evading prosecution 21. Global accountability

therefore dictates that others states should take orders of extradition to help in apprehension

18
Bassiouni, M. C., 'The Legislative History of the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment' (2010) 1 Human Rights Law Review 123.
19
Mégret, F. (2016). The Politics of International Criminal Justice: A Global Perspective.
Journal of International Criminal Justice, 14(3), 505-520.
20
Fitzpatrick, C., 'Political Considerations in the Application of Universal Jurisdiction'
(2018) 9 International Criminal Law Review 673.
21
Keller, H. (2017). The Future of Universal Jurisdiction. Leiden Journal of International
Law, 30(2), 425-448.
10
of offenders22. This is deterrent as escape roots are vigilantly on watch therefore reducing

commission serious crimes.

Moreover, the universal jurisdiction majorly concerns about promotion of human rights and

its norms. Violations of human right such as war crimes, genocide and crime against

humanity that knows no borders. Therefore, application of the principle of universal

jurisdiction concentrates in protection and application of human rights principles before

during and after all their processes of prosecution. A complimentary framework works best in

collaboration for sharing an international law23. This helps members states to have a common

goal by having a contral court that handles matters on their behalf when in go beyond

government jurisdiction. Dannenbaum elaborates how hearing and determination come up

with precedents that lead other unprosecuted matters to have them easily handled and avoid

complication of principles interpretation based on personal legal understanding differences

between the bench. Civil societies takes a role in giving free civic awareness and education

on the international criminal justice and international criminal law. This collaborates with

enlightening their relationship with human rights principles and offences that come in

disobeying them24.

Nonetheless, these laws, to some extent, clash with the cultural practices and norms of some

of the countries they are applied. National sovereignty principle comes as the first defence

used in evading prosecution by application of universal jurisdiction. Also, the principle of

non-interference hinders the universal jurisdiction from prosecuting criminals 25. This creates

a controversial and tensed relationship in application and use of universal jurisdiction de

22
Cryer, R. (2016). An Introduction to International Criminal Law and Procedure. Cambridge University
Press.
23
ibid
24
Dannenbaum, T. (2017). Universal Jurisdiction: A New Framework for the Prosecution of International
Crimes. Oxford Journal of Legal Studies, 37(4), 819-842.
25
de Brito, L. M. Z., ‘The Role of Political Considerations in the Application of Universal Jurisdiction’ (2012)
3 Human Rights Review 15.

11
Brito, 2012. Political ambitions and considerations have also factored in undermining its

effectivity as noted by L.M.Z. de Brito. He analyses political relation of difference states and

a common answer is that application of the principle of universal jurisdiction will strain their

diplomatic relations hence affecting then countries affairs. Some countries have financial

relationship with others where they get assistance such as grants and long-term loans for

development projects26. L.M.Z de Brito acknowledges that the dominant country have

dominance and influence to the one receiving the aid in their political affairs from behind the

scene hence hindering collaboration in application of the principle of universal jurisdiction in

granting international criminal justice as written by Shaw, 2013.

In addition, collection of evidence givens the relevant parties a hard time as the people in the

particular country may be uncooperative. Hostility may also be fuelled by the accused to

person to avoid collection of evidence against them. Creation of witness protection program

takes a lot of time and many finances as it will involve relocation and full time guard of the

witnesses27. Likewise, resources required for the process of investigation is immense as it

will undergo a number of stages, some that require expert support. Concern about the quality

of justice over the evidence collected as the resources needed was not sufficient. The

International Criminal Court does not have a police force of its own to ensure enforcement of

orders that the court has given against the accused person 28. This makes consideration of its

application to be limited to national courts, which in most cases will be faced with massive

corruption due to the political and financial influence that the person has29.

26
Shaw, M. N., *International Law* (6th edn, Cambridge University Press 2013).
27
Zahar, A. (2018). Universal Jurisdiction: The Role of National Courts in the Fight Against Impunity. Human
Rights Law Review, 18(2), 201-224.
28
Zahar, A. (2018). Universal Jurisdiction: The Role of National Courts in the Fight Against Impunity. Human

Rights Law Review, 18(2), 201-224.

29
ibid

12
An ongoing debate regarding the principle of universal jurisdiction potrays a need for extra

refinement and improvement of the international criminal justice system and international

consensus. Emphasy is placed by K.A.C. Heller on development of clearer and dynamic legal

systems that will enhance both effectiveness and legitimacy of the principle of universal

jurisdiction30. A defined and clearer legal structure is important in delineating limitations that

comes with the scope of universal jurisdiction 31. The result would be prevention of outreach

hence ensuring the prosecution process aligns with internationally recognized norms Heller,

2017. The end result would be a standardized approach that would be helpful in mitigating

differences among countries that currently have varying interpretation of the universal

jurisdiction32.

Achievement of a broad international coexistence and understanding on the principle of

universal jurisdiction is a significant for its application in a viable cases. With different

countries having a varying perspective on the principle of universal jurisdiction and its

application, most prove to be influenced by domestic political choices 33. Gillespie advocate a

multilateral applicable treaties that with a common achievable principles that guide its use.

The result would be a fostered cooperation and reduced conflicts based on Gillespie, 2020.

Growing calls for methods and structured mechanisms that allow sharing of evidence

material and support from various countries. This will reduce hostilities since the process is

driven by particular statutes that the public shall have been educated on its use to ensure

30
Heller, K. A. C., 'The Forbidden Fruit of Universal Jurisdiction' (2017) 24 International Criminal Law
Review 125.
31
Heller, K. A. C., 'The Legitimacy of Universal Jurisdiction' (2017) 26 European Journal of International Law
37.
32
Heller, K. A. C., ‘The Future of Universal Jurisdiction’ (2017) 27 Journal of International Criminal Justice
45.
33
Gillespie, R., 'Towards a Cooperative Approach to Universal Jurisdiction' (2020) 10 Journal of International
Criminal Justice 353.

13
maximum exhaustion of investigation process34. This is crucial in cases where extraction and

obtaining evidence is difficult due to lack of awareness and political sensitivities complicates

the prosecuting efforts of the International Criminal Court 35. A practical approach would be to

involve creation of a networked legal practice with a team of legal practitioners and Non-

Governmental Organizations (NGOs) can be helpful in gathering of evidence. By so doing,

the prosecution shall have a strengthening case that has been built and brought under the

principle of universal jurisdiction36.

Integration of the principle of universal jurisdiction with regional human human rights

provisions and mechanisms of applying them in enhancing its application. With regional

courts in place such as European Court of Human Rights (ECHR) will give a complimentary

plartform for addressing major offices which most of them are correlated with violation of

right to life liberty and property37. Enforcement of global accountability will be shared

regionally and ensure that access to aveneues is easy hence reducing on the cost spent in

prosecution process. An added advantage will include sharing of resources such as precedents

and human resource which expands the scope of decision making in relation to the offences

committed according to Bassiouni, 2010.

Universal Jurisdiction is key and important in fighting injustice in situations where national

justice systems are unable to bring perpetrators of heinous acts to book. The upshot of this is

that crimes are punished regardless of political affiliations and the rot of clinging onto the

34
López, F. & Pizarro, C., 'The Pinochet Case and its Impact on Universal Jurisdiction' (2019) 34 Cambridge
Review of International Affairs 214.
35
Morris, V. C., 'Challenges in Prosecuting International Crimes' (2014) 29 New Criminal Law Review 315.
36
Gillespie, R., 'Towards a Cooperative Approach to Universal Jurisdiction' (2020) 10 Journal of International

Criminal Justice 353.

37
Bassiouni, M. C., ‘Universal Jurisdiction: A Preliminary Survey’ (2010) 2 Journal of International Criminal
Justice 1.

14
limitation of jurisdiction as justice is universally implored 38. Accountability for Atrocities:

Universal Jurisdiction in practise.

The establishment of the International Court (ICJ) of Justice in 1945 by the Charter of the

United Nations was a step in the right direction from the onset. However, in cases where

entities such as the International Criminal Court (ICC) lack the jurisdiction and ability to step

in then the Concept of Universal Jurisdiction goes a long way in ensuring justice is achieved

across all fronts and as a result the commitment to the promotion of human rights is

reaffirmed internationally39.

The legal foundation on implementation of international criminal justice on laws such as the

Genocide Convention and the Geneva Conventions have had a foundational framework that

gives a legitimate process of prosecution. Their amendments to include current affairs such as

climate change and environmental destruction 40. Acts of illegal mining and deforestation

which create conflict in areas such as the Congo region where despite there being crime

agains humanity, environmental degradation is a major concern. This is challenging as the

end result is cases of forced migration and food shortage leading to human suffering

Robinson, 2019. Cases of cyber warfare of vital institution such as hospitals and power grids

have been on the rise with targets getting financial losses and major impact such as loss of

lives in medical facilities41. With disinformation and misleading campaigns which misinform

masses against products and services. Most cyber-attacks are committed remotely hence by

38
Bergsmo, M., ‘Accountability for Atrocities: Universal Jurisdiction in Practice’ (2010).
39
Bergsmo, M., ‘Accountability for Atrocities: Universal Jurisdiction in Practice’ (2010).
Bianchi, A. (2018). A Rights-Based Approach to the Enforcement of Universal Jurisdiction. European Journal of
International Law, 29(2), 399-425.
40
Schabas, W. A., ‘An Introduction to the International Criminal Court’ (2017) 4th ed. Cambridge University
Press.
41
O’Keefe, R. (2019). The Impact of Universal Jurisdiction on State Sovereignty. International Relations,
33(1), 12-29.

15
having laws and appropriate technologies that would help speedy tracking of offenders on

already committed offence and detect those that are yet to be committed.

Biological warfare advancement have been a major concern too with cases of mishandling of

pandemic response that lead mass loss of lives and suffering. This can also be considered as a

crime against humanity due to the magnitude of destruction it comes with. In light of

COVID-19 pandemic, handling of the case and evidence was an indication of lack of legal

provision that protects the universal health welfare on such mismanagement of toxic research

that spread fast and could lead to loss of lives42. These fall under transitional crimes, which

have innovative ways of using technological and research advancements to ensure

sophistication of attacks. Most of them are not classified as offences and they don’t need

retaliation but preventions fro being victim of their effects. This makes it easy for such to be

engineered to have mass effect without the perpetrators being held accountable 43. Universal

jurisdiction therefore will give a legal landscape that ignores territorial boundaries and ensure

the crime is prosecuted.

Target of cultural heritage especially in war tone areas such as the Arabic regions have been a

concern on loss of a generation and cultural history. Their writings, drawings, sculptures

which act as cultural identities that is supposed to be transitioned for generations have been

targeted during war times44. For those that have been stolen are traded in the underworld and

black market at high prices, which prompts them to be on demand for collection. At a time

when others are losing their identity, their cultural identity items are on demand due to

42
Fitzpatrick, C., 'Political Considerations in the Application of Universal Jurisdiction' (2018) 9 International
Criminal Law Review 673.
43
Heller, K. A. C., ‘The Future of Universal Jurisdiction’ (2017) 27 Journal of International Criminal Justice
45.
44
Leach, R. J. R., 'The Role of Universal Jurisdiction in International Criminal Law' (2015) 19 Journal of

International Criminal Justice 291.

16
propaganda on their preciousness45. With incorporation of such acts as serious crime, it will

help stop war and ensure protection of a cultural heritage which s not only a source of

identity but also a tourist attraction and source of revenue to the particular countries 46. As a

result, it will also impact on the suppressed freedom of expression and political oppressions

that is caused by dictators in government authorities who systematically silence dissent from

members of the public47.

Implementation of the principle of universal jurisdiction will help in filling gaps in national

jurisdiction. Countries will debate and understand the provisions of the statures with aim of

improving and incorporating matters that miss due to transformation of the laws since the

time they were enacted48. Once the law has been adopted, they will be domesticated by

including them in their national laws for compliance. An areas such as lack of victim-centric

justice should be considered with the plan and intention of protecting them from influence

from suspects49. The conflict on sovereignty of states and application of international criminal

will be managed by these countries giving their support to the international norms. This will

help in creation of a global understanding that will encourage countries that have not ratified

the law join others hence strengthening the support that comes with application of universal

jurisdiction50.

45
Robinson, D., 'The Role of Technology in International Criminal Justice' (2019) 10 Criminal Law Review
321.
46
Mégret, F. (2016). The Politics of International Criminal Justice: A Global Perspective. Journal of
International Criminal Justice, 14(3), 505-520.
47
ibid
48
Robinson, D., 'The Role of Technology in International Criminal Justice' (2019) 10 Criminal Law Review
321.
49
Weller, M., 'Civil Society and the Future of International Justice' (2020) 15 International Journal of Human
Rights 499.
50
Dannenbaum, T. (2017). Universal Jurisdiction: A New Framework for the Prosecution of International

Crimes. Oxford Journal of Legal Studies, 37(4), 819-842.

17
Discussion

Application of the principle of universal jurisdiction in achieving international criminal

justice will empower international organizations and states to claim criminals’ jurisdiction

over serious offences they have committed. This discussion evaluates the preposition and

gives merits, defies and limitations, the future directions for universal jurisdiction.

Advantages of the principle of universal jurisdiction works and encourages prosecutions

beyond the state borders and allow application of international criminal justice system.

International laws applied are also part of domesticated laws at national level but the

advantage a matter being handled in the internationals avenue will clear aspects of bias and

interference with cases that are in court 51. In implementing the principle on prosecuting

criminals, it will deter potential offenders from committing serious crimes Heller, 2027. With

support of technological skills, locating offenders and enhancement of privacy is effective as

encryption options of sensitive information that would compromise legal process 52. Universal

jurisdiction will also give way to access of justice by countries, which the International

Criminal Court has no jurisdiction and capacity to handle 53. This is achieved by these

countries taking proactive steps in the absence of international judicial mechanisms hence

filling critical gaps affecting accountability54.

51
Gordon, N. (2020). Sovereignty, Universal Jurisdiction, and the International Criminal
Court: A Complex Relationship. International Criminal Law Review, 20(2), 1-25.
52
Robinson, D., ‘Technology and International Criminal Justice’ (2019) 19 Criminal Law Forum 75
53
Dannenbaum, T. (2017). Universal Jurisdiction: A New Framework for the Prosecution of
International Crimes. Oxford Journal of Legal Studies, 37(4), 819-842.
54
López, F. & Pizarro, C., 'The Pinochet Case and its Impact on Universal Jurisdiction' (2019) 34 Cambridge
Review of International Affairs 214.

18
Recognizable challenges pinpointed include political interference, which impede application

of universal jurisdiction. In cases where countries face challenges such as media blackout can

be countered by technological solutions whose limitation relates to inaccessibility or limited

access to the internet. Prosecution of allies while maintaining diplomatic relation has been

impossible as its interpreted as an act of betrayal, which hinders orders such as extradition.
55
Additionally, the clash between national sovereignty and universal jurisdiction appear as

state feel that they would lose their independence if they delegate some of their roles to the

universal jurisdiction de Brito, 2021. This causes a sense of reluctance in being part of

international community collaboration dealing aiming at attaining international criminal

justice56. Resource constraints also affect effective implementation of the principle of

universal jurisdiction. Agencies such as the International Criminal Court has no armed force

of its own and it can’t afford one as it serves the international community 57. Outsourcing an

armed force will call for intense expenditure on the needs of the team which may cause lack

of understanding as they would not have access to all jurisdiction in implementing court

orders58.

Future direction for achievement of universal jurisdiction calls for legal reforms and

clarification of laws that will enhance legitimate and effective universal jurisdiction in

fighting for international criminal justice Heller, 2017. Development of international and

multilateral treaties with a common principle for universal jurisdiction. This will encourage

55
Kamminga, M. (2017). The Role of Universal Jurisdiction in International Law. In: International Criminal
Law and Philosophy. Springer.
56
de Brito, L. M. Z., 'Political Interference in Universal Jurisdiction Cases' (2012) 17 International Criminal
Law Review 201.
57
Gordon, N. (2020). Sovereignty, Universal Jurisdiction, and the International Criminal Court: A Complex
Relationship. International Criminal Law Review, 20(2), 1-25.
58
Bassiouni, M. C., ‘Universal Jurisdiction: A Preliminary Survey’ (2010) 2 Journal of International Criminal

Justice 1.

19
interrelations that would reduce diplomatic tension59. At this stage, application of

contemporary issues will be handled as emerging and evolving crimes shall be tracked and

monitored on their development and progress hence stopping them from escalating as

stipulated by Bergsmo, 2010. Call for a well-established public awareness team and

structured mechanism will help in understanding the modus of operation used by application

of the Principle of universal jurisdiction60. By raising awareness, its relevance gains strength

that allows enforcement through the international criminal justice system 61. Non-

governmental Organizations and civil societies have shown a sign of supporting the

promoting civic awareness in giving lessons on human rights and crimes that befalls one on

breaching these rights62. These are no different with the provision of international law

catering for the same, which makes it easy to interpret the principle of universal jurisdiction

Bassioni, 2010.

Conclusion

The principle of universal jurisdiction turns out to be a mechanism in achieving the goals of

international criminal justice. A legal framework that transcends political and geographical

boundaries, perpetrators are held accountable without bias or influence that would hinder

attainment of justice. This discussion have had a thorough examination of challenges and

merits of the principle of universal jurisdiction. It has also affirmed its importance while

pinpointing critical subjects that need attention for reforms.

59
IIJ, 'Capacity Building for the Application of Universal Jurisdiction' (2021).
60
Miller, D. (2021). Global Trends in International Criminal Law: The Rise of Universal
Jurisdiction. Journal of Human Rights, 20(4), 525-545.
61
Mégret, F. (2016). The Politics of International Criminal Justice: A Global Perspective.
Journal of International Criminal Justice, 14(3), 505-520.
62
Heller, K. A. C., 'The Legitimacy of Universal Jurisdiction' (2017) 26 European Journal of International Law
37.

20
With key focus on promotion of accountability, universal jurisdiction takes up from where

national ambits fall and fills that gap by application of international laws. The case of

Augusto Pinochet is an illustration of universal jurisdiction in action by proving justice in

place where local court were uncooperative to act due to political influence and interference.

Potential offenders are also deterred as the principle of universal jurisdiction in collaboration

with technological approached are able to counter cases in advance before they are

committed. By prioritization of human rights and their principles, understanding modes of the

universal jurisdiction is easy as it correlates with the offences that are analysed and

prosecuted in the international criminal justice system. The capability to press the needs of a

country connects in prevention of serious crime as it relates to disruption of peace,

destruction of life and property hence leading to committing serious crimes and violation of

human rights.

Despite its effective approach in handing serious crime, there are challenges that undermine

its effective application. A key challenge has proved to be political interference. This occurs

where people in government leadership have influence in stopping citizens from pursuing for

violation of their rights. This hinders progress by causing delays in proceeding and instilling

fear in victims and witnesses who resort to abandoning the case. This is also compounded by

challenges in evidence collection as most multinational agencies are unfamiliar with the

setting of the site of crime. Reprisal by local authorities is not a guaranteed factor as

sometimes they are required to visit areas that are still in active conflict hence finding it hard

to obtain information in relation to the cases they are handling. Resources constraints also

pose a challenge where many states lack financial and work force resources for effective

investigation process leading to prosecution. Progress of cases will be easily hindered if the

case is brought in universal jurisdiction that at the same time may have been compromised at

national level. These challenges call for an enhanced support system that will help both

21
national and international agencies dealing with cases in the international criminal justice

system.

The potential for the principle of universal jurisdiction looks at its evolution in dealing with

contemporary challenges leading to effective and practical justice system. The suggested

reforms focus on standardization of international laws which when codified in states would

still hold its original meaning. This will overlook political influence hence paving way for a

just outcome.

In answering the main question on whether the principle of universal jurisdiction is the best

mechanism for pursuing international criminal justice, it is certain that despite it holding

immense potential, its efficacy proves to be contingent upon overcoming the current existing

and future challenges. Therefore, the principle remains to be a crucial approach in the quest

for accountability in attainment of justice especially in the contact where the national system

has failed to prosecute. Nonetheless, for the realization of its potential, the principle calls for

extreme efforts in addressing the barriers that hinder current impediments to implementation.

22
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