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Malos tiempos para la justicia universal

Antonio Remiro Brotóns

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Abstract

International crimes substantially correspond to established categories, yet which court of competent jurisdiction should prosecute the perpetrators of these crimes remains an open question. In the case of aggression, some authors believe that due to its very nature this crime can only be brought before international tribunals, while for other crimes (genocide, crimes against humanity, torture, and war crimes) the courts of the state in which they were committed undoubtedly have jurisdiction. This chapter examines the principle of universal jurisdiction that allows a national judge to claim criminal jurisdiction over the accused regardless of where the alleged crime was committed and regardless of nationality, country of residence or any other relation with the prosecuting entity.

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International crimes substantially correspond to established categories, yet which court of competent jurisdiction should prosecute the perpetrators of these crimes remains an open question. In the case of aggression, some authors believe that due to its very nature this crime can only be brought before international tribunals, while for other crimes (genocide, crimes against humanity, torture, and war crimes) the courts of the state in which they were committed undoubtedly have jurisdiction. This chapter examines the principle of universal jurisdiction that allows a national judge to claim criminal jurisdiction over the accused regardless of where the alleged crime was committed and regardless of nationality, country of residence or any other relation with the prosecuting entity.

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Available abstract

International crimes substantially correspond to established categories, yet which court of competent jurisdiction should prosecute the perpetrators of these crimes remains an open question. In the case of aggression, some authors believe that due to its very nature this crime can only be brought before international tribunals, while for other crimes (genocide, crimes against humanity, torture, and war crimes) the courts of the state in which they were committed undoubtedly have jurisdiction. This chapter examines the principle of universal jurisdiction that allows a national judge to claim criminal jurisdiction over the accused regardless of where the alleged crime was committed and regardless of nationality, country of residence or any other relation with the prosecuting entity.

Key concepts: Universal jurisdiction, Crimes against humanity, Genocide, Jurisdiction, War crime, Torture, Law, Political science

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