CEU Electronic Theses and Dissertations, 2007
| Author | Ajevski, Marjan Slobodan |
|---|---|
| Title | Universal Jurisdiction For Gross Human Rights Violations - The Objections Raised And TheAnswers To Them |
| Summary | For the purposes of this thesis universal jurisdiction is defined as the jurisdiction of a State to prescribe and prosecute a certain conduct that is directed against international norms, values and interests that are deemed to be vital to the community of nations so as to entail universal condemnation as a criminal conduct without any other links, like territorial, active or passive nationality, protective principle, to the State prescribing it. Universal jurisdiction is governed by the standard set out in the Lotus case. This standard states that States are generally free to prescribe for themselves the jurisdiction that they see fit so long as that does not conflict with a prohibitive norm of international law. One such prohibitive norm is the non enforcement of its laws on the territory of another State without its consent. The crimes for which universal jurisdiction should be prescribed have to have a certain nature. They should be customary international law that have gained the status of jus cogens norms and that have a defined elements of crimes and settled case law so as to be in line with the principle of legal certainty. The jus cogens nature of the crimes obliges States to cooperate in order to put a stop to a breach of these types of norms. If the States fail to cooperate, individual States can take up the obligation to prosecute in order to safeguard the values protected by these jus conges norms. Immunities present a limited obstacle to the prosecution of individuals but only while these individuals are in office. After these individuals have stepped down they are open to prosecution for international crimes committed during their time in office as well as prior to their assent to and after their decent from office. |
| Supervisor | Mahlmann, Matthias |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/ajevski_marjan.pdf |
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