Universal Jurisdiction In Absentia

Abstract

Following the International Court of Justice's judgement of 14 February 2002 in the Arrest Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. The exercise of universal jurisdiction has acquired a strong legal basis in customary and conventional international law, as it has in national legislations. However, although recognised by numerous national legislations, the in absentia exercise of absolute universal jurisdiction remains highly controversial in an international context, as are its human rights safeguards and the question whether the issuance of an arrest warrant is a prerequisite for the exercise of universal jurisdiction in absentia. Nonetheless, considerable are the benefits of the acceptance of universal jurisdiction in absentia for international criminal justice and human rights protection, especially in the fight against international criminal impunity.