An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case
Along with the intensive development of international criminal law, the role of the jurisdiction whose primary connecting factor does not focus on protection of individual state's vital interests is becoming more important. The concept refers to universal jurisdiction which is not based upon tr...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2019-01-01
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| Series: | Strani pravni život |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2019/0039-21381901055V.pdf |
| _version_ | 1818498357293744128 |
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| author | Vešović Milanka D. |
| author_facet | Vešović Milanka D. |
| author_sort | Vešović Milanka D. |
| collection | DOAJ |
| description | Along with the intensive development of international criminal law, the role of the jurisdiction whose primary connecting factor does not focus on protection of individual state's vital interests is becoming more important. The concept refers to universal jurisdiction which is not based upon traditional grounds of jurisdiction i.e. upon principle of territoriality, principles of active and passive personality and protective principle. Instead, it builds upon the interests and needs of the entire international community in preventing certain international crimes. It primarily refers to international crimes stricto sensu (core crimes): the crime of genocide, crimes against humanity and war crimes. In cases where, for whatever reason, the reaction of an international adjudicative body such as the International Criminal Court is lacking, or where a state which usually has a forum but in particular case refuses to prosecute (usually because of political opportunism) or cannot prosecute - the universal jurisdiction could step in and ensure criminal prosecution. In other words, the concept of universal jurisdiction refers to genuine international interest in putting an end to impunity for perpetrators of grave crimes, as specified in the Preamble of the Resolution on Universal criminal jurisdiction with regard to the crime of genocide, crimes against humanity and war crimes. In comparative law, the universal jurisdiction also refers to some crimes other than core crimes. In the first place, it refers to the so-called treaty-based crimes, essentially transnational crimes. In this paper we have discussed whether this concept when envisaged for transnational crimes, or for that matter any other concept deriving from the aut dedere aut judicare rule, contributes to their universal character i.e. their positioning as crimes with universal significance. In that matter, we have analyzed two cases from international jurisprudence: the Ould Dah case and the ruling issued by the International Court of Justice in case Belgium v. Senegal, Questions relating to the Obligation to Prosecute or Extradite. |
| first_indexed | 2024-12-10T18:57:44Z |
| format | Article |
| id | doaj.art-cc40fd86ef5e44f89b7a734f88307777 |
| institution | Directory Open Access Journal |
| issn | 0039-2138 2620-1127 |
| language | English |
| last_indexed | 2024-12-10T18:57:44Z |
| publishDate | 2019-01-01 |
| publisher | Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Strani pravni život |
| spelling | doaj.art-cc40fd86ef5e44f89b7a734f883077772022-12-22T01:37:06ZengInstitute of Comparative Law, BelgradeStrani pravni život0039-21382620-11272019-01-012019155650039-21381901055VAn aspect of universal jurisdiction in contemporary criminal law: Ould Dah caseVešović Milanka D.0BeogradAlong with the intensive development of international criminal law, the role of the jurisdiction whose primary connecting factor does not focus on protection of individual state's vital interests is becoming more important. The concept refers to universal jurisdiction which is not based upon traditional grounds of jurisdiction i.e. upon principle of territoriality, principles of active and passive personality and protective principle. Instead, it builds upon the interests and needs of the entire international community in preventing certain international crimes. It primarily refers to international crimes stricto sensu (core crimes): the crime of genocide, crimes against humanity and war crimes. In cases where, for whatever reason, the reaction of an international adjudicative body such as the International Criminal Court is lacking, or where a state which usually has a forum but in particular case refuses to prosecute (usually because of political opportunism) or cannot prosecute - the universal jurisdiction could step in and ensure criminal prosecution. In other words, the concept of universal jurisdiction refers to genuine international interest in putting an end to impunity for perpetrators of grave crimes, as specified in the Preamble of the Resolution on Universal criminal jurisdiction with regard to the crime of genocide, crimes against humanity and war crimes. In comparative law, the universal jurisdiction also refers to some crimes other than core crimes. In the first place, it refers to the so-called treaty-based crimes, essentially transnational crimes. In this paper we have discussed whether this concept when envisaged for transnational crimes, or for that matter any other concept deriving from the aut dedere aut judicare rule, contributes to their universal character i.e. their positioning as crimes with universal significance. In that matter, we have analyzed two cases from international jurisprudence: the Ould Dah case and the ruling issued by the International Court of Justice in case Belgium v. Senegal, Questions relating to the Obligation to Prosecute or Extradite.https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2019/0039-21381901055V.pdfuniversal jurisdictionamnestythe hague model related extraditiontorture |
| spellingShingle | Vešović Milanka D. An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case Strani pravni život universal jurisdiction amnesty the hague model related extradition torture |
| title | An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case |
| title_full | An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case |
| title_fullStr | An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case |
| title_full_unstemmed | An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case |
| title_short | An aspect of universal jurisdiction in contemporary criminal law: Ould Dah case |
| title_sort | aspect of universal jurisdiction in contemporary criminal law ould dah case |
| topic | universal jurisdiction amnesty the hague model related extradition torture |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2019/0039-21381901055V.pdf |
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