Universal Criminal Jurisdiction

Paper Summary:

This paper discusses the need for universal criminal jurisdiction in the international community. The paper relates that neither international law nor state practice currently recognizes 'true' universal criminal jurisdiction as a valid basis of state criminal jurisdiction with few exceptions such as in the case of piracy on the open seas. This paper provides a review of the relevant peer-reviewed and scholarly literature concerning universal criminal jurisdiction to determine the facts regarding these issues, followed by a summary of the research and salient findings in the conclusion.

Table of Contents:
Introduction
Review and Discussion
Conclusion

From the Paper:

"In the meantime, Shulman suggests that UNCLOS should be supported by additional states - especially the United States - because it provides another viable framework in which universal criminal jurisdiction can be established in the post-9/11 climate. The signatories to the UN's Proliferation Security Initiative (PSI) are committed to the following interdiction principles designed to create a more coordinated and effective approach to impede and stop international transport of weapons of mass destruction (WMD)."

Sample of Sources Used:

• Yusuf Aksar, Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court, London: F. Cass (2004).
• Black's Law Dictionary, St. Paul, MN: West Publishing Co. (1990).
• James R. Crawford, 'The Internationalisation of Criminal Law' (1995), ASIL Proceedings at. 301 in Aksar at 50.
• Caroline Davidson, 'Tort Au Canadien: A Proposal for Canadian Tort Legislation on Gross Violations of International Human Rights and Humanitarian Law (2005) 38 Vanderbilt Journal of Transnational Law 5 at 1403.
• Joshua Michael Goodwin, 'Universal Jurisdiction and the Pirate: Time for an Old Couple to Part,' 39 Vanderbilt Journal of Transnational Law 3 (2006) at 973.

More papers on Universal Criminal Jurisdiction:

• Term Paper # 103906 : "The U.S. and the International Criminal Court"
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• Term Paper # 92635 : "Cyber Crimes"

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