Universal Jurisdiction

Definition of Universal Jurisdiction

A principle in international law whereby a state can claim criminal jurisdiction over a person regardless of traditional jurisdictional bounds such as the territory in which the crime allegedly took place, the nationality of the defendant, etc. Universal jurisdiction can be claimed when the crime committed is considered a crime against the world community as a whole. See the diferences with delegated jurisdiction in the worldwide encyclopedia of law.

Universal Jurisdiction in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On October 18, 2011, Steven Hill, Counselor to the U.S. Mission to the United Nations, delivered remarks on the U.N. General Assembly Sixth (Legal) Committee’s session on the scope and application of the principle of universal jurisdiction. Mr. Hill’s remarks are excerpted below and are available in full at (internet link) usun.state.gov/briefing/statements/2011/177342.htm.

Developments

We greatly appreciate the Sixth Committee’s continued interest in this important item. We thank the Secretary-General for his report (A/66/93), which is an extremely useful reference on this topic.

The United States has already submitted information and views on universal jurisdiction; those views were included in the Secretary-General’s report last year (A/65/181). In the interest of the efficiency of the U.S. discussions today, we will only highlight a few of these points.

We supported the decision to consider the scope and application of the principle of universal jurisdiction in a working group because the topic is an important but complicated one. As we look over the reports of the Secretary-General, it is clear that basic questions remain about universal jurisdiction and the views and practices of states related to the topic. Some questions that might be examined by the working group include the following.

Details

First is the question of definition: what do we mean when we refer to universal jurisdiction? For purposes of this discussion and as detailed in the U.S. submission, the United States has understood universal jurisdiction to include assertion of criminal jurisdiction by a State for certain grave offenses, where the only link to the particular crime is the presence in its territory of the alleged offender. However, we know that others have somewhat different views, and we look forward to exploring that in the working group.

The second question relates to the appropriate scope of the principle. That is to say, to what crimes do universal jurisdictions apply?

More about the Issue

Other questions include the relationship between universal jurisdiction and treaty-based obligations, as well as the need to ensure that decisions to invoke it are undertaken in an appropriate manner, including in cases where there are other States that may exercise jurisdiction.

We look forward to exploring these issues in as practical a manner as possible. We look forward to participating in the working group.