Rujana Pavlic

Universal Jurisdiction: a Qualified Success Rujana Pavlic

When Pinochet was detained in England on chargesbrought by Spain for torture in Chile, scholarslamented the end of the international system as weknow it. The charges were based on universaljurisdiction, which gives national courtsjurisdiction over foreign nationals for a limitedcategory of crimes - war crimes, crimes againsthumanity and genocide. Resting solely on the nature of the crime, universaljurisdiction is blind to the nationality of theperpetrator or the victim and to the locus of thecrime. Thus it is perceived as a threat to statesovereignty and to the current makeup of theinternational system. This work examines the success of universality as ajurisdictional basis through analyses of proceedingsin various national fora. Distinguishing between'pure' universality and that which requiresadditional legal nexuses to the forum state, it deemssuccessful solely the cases based on 'pure'universality. Such cases are extraordinarily rare anduniversal jurisdiction is a long way from successfulimplementation. Without it, however, efforts to bringperpetrators of the most heinous crimes to justice, regardless of where in the world they are found, arefutile.