universal jurisdiction

Question 1

Universal Jurisdiction

Answer 1

certain crimes can be prosecuted from anywhere in the world because they are crimes against the human community. As a a result, certain violations of human rights can be investigated and tried regardless of states sovereignty and international borders

Question 2

ICJ prosecutes who

Answer 2

• Countries
• UN

Question 3

what is the ICC

Answer 3

In 2002 the International Criminal Court (ICC) was established to ensure that a permanent court of justice existed to remain vigilant over violations of human rights.

Can only prosecute crimes occurring since 2002

Unlike ICJ, ICC prosecutes only individuals, not states

Is a court of “last resort” – wants states to enforce 1st

Question 4

ICC strengths and weaknesses

Answer 4

Strengths:
1. Attempts to provide consistent enforcement (tries to eliminate ad hoc tribunals)
2. Provides the basis for external intervention when internal remedies are unavailable
3. Tries to deter future atrocities

Weaknesses:
1. US, China, Russia, India are not members
2. Threatens intrusion into the affairs of sovereign states, even for non-member countries.
3. Too slow/too ineffective
4. Possible biases

Question 5

ad hoc tribunals

Answer 5

The practice of protecting and enforcing human rights at the international level

Question 6

ICC and ngos

Answer 6

NGOs such as Human Rights Watch help est. the ICC as a permanent body to focus on (a) the prosecution of genocide, (b) crimes against humanity, and (c) war crimes.

• provide support for victims & witnesses in giving evidence
• govts with writing reports, translating services, etc

Question 7

Regional level

Answer 7

IACHR (INTER-AMERICAN COMMISSION ON HUMAN RIGHTS)
* Permanent body: Meets several times a year to examine human rights violations in the hemisphere
* Its human rights duties comes from 3 documents

• Individuals can lodge a complaint against member states of the IACHR
• Enforcement, Court can require monetary and non-monetary reparations for damages done

Question 8

National Level

Answer 8

• states enforce their own human rights laws through local and national court systems.
• The issue with national courts, however, is that not all states have a fair, independent, or transparent court system.
• The practice of human rights at the national level is very uneven and inconsistent because states have different legal systems and have different human rights laws
• Supreme courts do not investigate human rights violations independently.
• Instead, a concerned party (e.g. the person whose rights were violated, an NGO) must bring the case to court in a lawsuit that argues a particular right under the constitution was violated.