Universal Criminal Jurisdiction and an International Criminal Court

Abstract

The work of the United Nations International Law Commission on the Draft Code of Offences against the Peace and Security of Mankind has revived debate on the proper application of the Code in international practice. The recognition that states must cooperate if they are effectively to combat international crimes has, in recent decades, led to the conclusion of numerous conventions incorporating the principle of universal criminal jurisdiction: universal jurisdiction is meant to guarantee the prosecution and punishment of the offences defined in the conventions. Many states believe this is the only realistic way to implement the Draft Code of Crimes against the Peace and Security of Mankind. Others, however, view the effective implementation of the Code to be dependent not upon universal criminal jurisdiction, but rather upon the establishment of an international criminal court