Problems with Universal jurisdiction

Paper, Order, or Assignment Requirements

the questions is ‘ Critically discuss the problems associated with the exercise of Universal Jurisdiction with regard to International crimes ‘ ..

the writer needs to please critically discuss ‘trial in absentia’ in relation to the question above, i have started writing it ( see below) please continue from what i have written, try to include an example, and explain why ‘trial in absentia’ is a problem for exercising universal jurisdiction and then end with a conclusion. please make sure it refers back to the question and is not answered generically.

(use as many resources as you may need, but please reference in Oxford style and include a bibliography)


Trial in absentia

Another contentious concern of exercising universal jurisdiction is the debate on whether international law permits universal jurisdiction in absentia, in which a State may initiate criminal proceedings against the offender who is not present within the territory of the prosecuting State. A debate that rose assorted opinions from judges of the ICJ during the Arrest Warrant Case in 2002.

Judge Van den Wyngaert argued that universal jurisdiction in absentia ‘was permissible in international law under the decision of the PCIJ’. Judge Higgins, Kooijmans and Buergenthal agreed with the latter statement, provided that’: (1) all applicable immunities are respected; (2) the national State of the accused person is first given the opportunity to act upon the charges alleged; (3) the charges are laid by a prosecutor of juge d’instruction who acts in full independence, without links to or control by the government of the State; and (4) it is reserved for only the most heinous international crimes’ .


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