Research On The Scope And Application Of Universal Jurisdiction

Universal jurisdiction allows states to claim criminal jurisdiction over specificinternational crime regardless of where the alleged crime was committed, andregardless of the accused’s nationality, country of residence, or any other relationwith the prosecuting entity. And the principle of sovereign equality of states meansthat states could not claim jurisdiction at will. International custom law andinternational treaty are the legal basis of universal jurisdiction.The birth of universaljurisdiction mainly meets the need of the international community to combat specificinternational crime.With the progress of human civilization，universal jurisdictionhave become a useful tool to eliminate impunityAs international community have realized the basic value of universaljurisdiction，there still exist some disagreements on it’s scope,such as who couldexcise universal jurisdiction and which international crime that universal jurisdictioncould be applied to. In this article,I will point out that universal jurisdiction,whichdiffers from the jurisdiction of international criminal justice institutions, mainlyexercised by states. And I would also introduce four criteria in which case universaljurisdiction could be applied to: the heinous of crimes, the possibility of impunity,the violation of jus cogens, the stipulation of international treaty and theinternational custom law. I will point out that whether universal jurisdiction could beapplied to one crime,we should search the stipulation of international treaty andinternational custom law. And this article would also discuss international crimessuch as piracy, war crime, the genocide and the crime against humanity.Though universal jurisdiction plays a important role in combat impunity,theapplication of it is not even. Many states in Europe，especially sates in WesternEurope have been exercising universal jurisdiction.Besides, the nongovernmentalorganizations actively push forward the application of universal jurisdiction.However there are several obstacles have been encountered in the process of itsapplication, for instance the differences in legislation, judicial costs, the difficulty ofthe criminal justice assistance, the political implications. To avoid of these obstacles and make the application smooth, states shall exercise the limited universaljurisdiction and take any other prudent measures.As a permanent member of the UN Security Council, China plays a vital role infighting against international crimes in the world. But there are still some problemsin China’s domestic legislation. To make the universal jurisdiction a more useful tool,and to exert more influence on the peace of the world, China should improve thelegal system relating to universal jurisdiction.