Universal Jurisdiction: The duty of states to enact and enforce legislation: Chapter 14: Overcoming obstacles to implementing universal jursidiction

This legal memorandum is designed to serve as a self-contained, comprehensive explanation for prosecutors, judges and ministries of justice and foreign affairs of the solid basis in customary and conventional international law for universal jurisdiction over war crimes, crimes against humanity, genocide, torture, extrajudicial executions and “disappearances”, so that they can ensure that such jurisdiction is exercised effectively. The memorandum defines the crimes subject to universal jurisdiction. It identifies the relevant scholarly writings and other evidence demonstrating that international law permits states to exercise universal jurisdiction or to extradite suspects to a state able and willing to do so. In particular, the memorandum reviews the extensive state practice concerning universal jurisdiction at the national and international level – such as national legislation, jurisprudence, adoption of international instruments and government statements – for each crime separately, country by country

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