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The Universal Jurisdiction-A Study of Universal Jurisdiction & Relation in Current Working Situation

Author: Disha Pandey (Lawyer), BBA.LLB (H), I.P University (JIMS College), Delhi, India

Abstract

We can see the trace outs in the history of how justice has prevailed for imparting justice to the aggrieved one. International crime is one of the major concerns today but not ignoring the procedure on how to punish the perpetrators is the centre of concern for all of us. We can see there are central authorities working on humanitarian aspects but still, we see loophole by the time of prevailing justice to the one who suffers because of the act of perpetrator. Universal jurisdiction is the one and only way to deal with an international crime like Genocide, Crime against Humanity and War Crimes. In my research paper, I have discussed three of them in the view of universal jurisdiction. The importance of the court can only be valued if they are best in providing justice in time. There are some states who are not part of the Rome Statute, that’s why the court does not have jurisdiction to entertain the matter before them regarding the atrocities. The major key for the solution to the problem is the Security Council. UN can make suggestions for the Universal Jurisdiction as there is no such obligatory provision in the present international documents. This principle is just highlighted and can be interpreted but not such declaration or provision or treaty on the topic. I have even included a case study which is “Democratic Republic of the Congo vs Belgium” setting a perfect explanation to understand universal jurisdiction in respect of international crimes.


Keywords: Universal Jurisdiction, International Crimes, Democratic Republic of Congo V. Belgium.

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