Universal jurisdiction as procedural tool to institute prosecutions for international core crimes

Abstract

The establishment of the International Criminal Court (ICC) with its intended purpose of ending the cycle of impunity that has notoriously attached to the perpetrators of gross human rights  violations in the past hails a new chapter in international criminal law and justice. The structure of jurisdiction introduced by the ICC relies to a great extent on the co-operation of states to nationally prosecute perpetrators of gross violations of human rights. The ICC itself is intended to complement national jurisdiction and will only prosecute the most serious international crimes where the state that can exercise jurisdiction is either unwilling or unable to do so. This by necessity implies that states that are party to the ICC will be expected to establish and foster ways and means to enable themselves to investigate, prosecute, defend, adjudicate and to provide assistance to the ICC. One of the grounds upon which a state may exercise jurisdiction in terms of international criminal law is that of universal jurisdiction. This article explores aspects of the principle of universal jurisdiction and concludes that its application and development is of utmost importance in the quest of the international community to establish a credible international legal order.