Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This article examines whether or not states have a legal obligation to prosecute international crimes committed abroad. In contrast to the mainstream literature, this article argues that there is an insufficient legal basis for affirming that a state has a legal obligation to prosecute war crimes, crimes against humanity, genocide and other similar crimes committed abroad. This conclusion is reached through an inquiry into relevance of judicial decisions that have played an important role in the development of the theory of universal jurisdiction. This work demonstrates that rare decisions that held that states have universal jurisdiction over crimes committed in foreign countries were taken arbitrarily and with an insufficient legal basis.
Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: A, INES Ruhengeri Institute of Applied Science, language: English, abstract: This article examines whether or not states have a legal obligation to prosecute international crimes committed abroad. In contrast to the mainstream literature, this article argues that there is an insufficient legal basis for affirming that a state has a legal obligation to prosecute war crimes, crimes against humanity, genocide and other similar crimes committed abroad. This conclusion is reached through an inquiry into relevance of judicial decisions that have played an important role in the development of the theory of universal jurisdiction. This work demonstrates that rare decisions that held that states have universal jurisdiction over crimes committed in foreign countries were taken arbitrarily and with an insufficient legal basis.
When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction...
At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern
Socrates and Legal Obligation was first published in 1981. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from...
The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal...
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