THE ROLE OF UNIVERSAL JURISDICTION IN COMBATING IMPUNITY FOR GRAVE INTERNATIONAL CRIMES

Abstract

This research paper examines universal jurisdiction as a vital mechanism in international criminal law for combating impunity for the gravest crimes, including genocide, war crimes, crimes against humanity, and other serious violations. Unlike traditional territorial or nationality-based principles, universal jurisdiction allows states to prosecute such offences regardless of where they occurred or who was involved. Rooted in customary international law, treaty frameworks, and national legislation, it reflects the international community’s shared responsibility to uphold justice. The paper explores the doctrine’s conceptual and legal foundations, tracing its development through instruments like the Princeton Principles and its incorporation into international conventions and domestic statutes. It evaluates its practical enforcement through landmark cases—Adolf Eichmann, Augusto Pinochet, Hissène Habré, and John Demjanjuk—which have shaped jurisprudence on accountability beyond borders. It also highlights recent progress in domestic courts, particularly in Germany and Argentina. Finally, the paper assesses ongoing challenges, including political influence, evidentiary hurdles, jurisdictional conflicts, immunities, amnesty laws, resource constraints, and statutory limitations, and offers recommendations to strengthen the legitimacy and effectiveness of universal jurisdiction.