The problem of universal jurisdiction in curbing international crimes : a case study

Abstract

There are certain crimes in the international law, such as aggression, genocide, war crimes, crimes against humanity, etc. that affect the interests of all states and pose a threat to international peace. Therefore any country of the world shall have jurisdiction in relation to these crimes. In international law this is called universal jurisdiction principle - quasi delicta juris gentium. Like every concept, "jurisdiction" may have different meanings. The word comes from latin roots: ''jus" or ''juris" meaning "law" and "dicere" meaning "to say" or "to read". Therefore, "jurisdiction" can be understood to mean; "to say the law" and, as a derivative; "the power to say the law''. Presently, "jurisdiction" is understood as the legislative, adjudicative and executive power that provides respectively competence to prescribe, adjudicate or execute the law, in particular the territorial competence of courts. Jurisdiction in criminal matters may be considered either as substantial or procedural law. Customary international law was covering sea piracy, slavery, and child and woman trade under universal jurisdiction.