Ankara Sosyal Bilimler Üniversitesi Hukuk Fakültesi Dergisi (Dec 2021)
SOME LEGAL ASPECTS OF APPLICATION OF UNIVERSAL JURISDICTION OVER WAR CRIMES
Abstract
The application of universal jurisdiction over war crimes requires responses to a number of questions: Which crimes under international law are considered war crimes? Is there consensus regarding the application of universal jurisdiction over war crimes? Is the prosecution of war crimes under universal jurisdiction the right or the duty of a state? Does the application of universal jurisdiction over war crimes require any connection to the forum state? Do the state officials enjoy immunities from being prosecuted by foreign states under universal jurisdiction for war crimes? Which value should outweigh in deciding of reasonableness of application of universal jurisdiction – to prevent the impunity of the perpetrators of war crimes or to ensure stable and secure international relations with the foreign states? What measures should be taken to ensure further efficiency of universality principle in combatting international crimes? These questions are the major ones, but not exhaustive and the answers to them have both theoretical and practical importance. In this article we will try to find answers to those questions analyzing the relevant norms of international law, the decisions of the international courts, the legislation and case-law of the states, as well as the legal doctrine. Significant place in the article is allocated to the questions related to the limitations on application of universal jurisdiction and how these limitations could affect the future perspective of this principle. Findings reached in the article are that further limitations on application of universality principle can lead to loss of its meaning as a legal concept and adoption of a single convention in this field is the possible way out to preserve the important role of this principle in fighting international crimes.
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