Κατεύθυνση Ουσιαστικό και Δικονομικό ΔίκαιοLibrary of the School of Law
Αλέξανδρος Δημάκης, Επίκουρος Καθηγητής, Τμήμα Νομικής Σχολής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Η αρχή της παγκόσμιας δικαιοσύνης: Θεωρητικές και πρακτικές προσεγγίσεις
The principle of universal jurisdiction: Theoretical and practical approaches
In the wake of World War II, the international community realized that there are certain crimes considered so heinous that it must be ensured that their perpetrators could find no safe haven. The principle of universal jurisdiction may undoubtedly work towards this direction, since its application may significantly increase the possibility of the prosecution and conviction of perpetrators of international crimes. However, the principle of universal jurisdiction has been a subject of controversy in both legal theory and case-law. First, herein an analysis of the definition and rationale of universal jurisdiction, as well as its application and scope, will be performed. Then, this dissertation will deal with certain questions concerning a possible conflict among the principle of universal jurisdiction and other fundamental principles of international law, namely the principle of non-intervention and immunities of foreign Heads of state or other state officials, as well as its relation with politics and diplomacy. Two special crimes, i.e. terrorism and money laundering, will be also examined under the light of universal jurisdiction. Lastly, the decisions issued by national courts applying universal jurisdiction concerning certain significantly serious cases of international criminal law will be analyzed in depth.
Main subject category:
Law and Legislation
in absentia, eichmann, butare four, scilingo, habre, pinochet, international crimes, international criminal law, international criminal court, universal jurisdiction, immunities, terrorism, money laundering