Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis

The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current interna...

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Autor principal:	Av Alovsat Vilayet
Formato:	article
Lenguaje:	EN FR RO RU
Publicado:	National Institute of Justice 2021
Materias:	international criminality criminal responsibility international law violations ius cogens national legislation international crimes war crimes international criminal court universal jurisdiction international criminal law Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/042b4dc547e849308f9123336374fd5b
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id	oai:doaj.org-article:042b4dc547e849308f9123336374fd5b
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spelling	oai:doaj.org-article:042b4dc547e849308f9123336374fd5b2021-11-11T11:21:16ZApplication of universal jurisdiction for war crimes in national legislations of states: comparative analysisdoi:10.52277/1857-2405.2021.3(58).041857-2405https://doaj.org/article/042b4dc547e849308f9123336374fd5b2021-10-01T00:00:00Zhttps://ibn.idsi.md/sites/default/files/imag_file/24-27_52.pdfhttps://doaj.org/toc/1857-2405The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current international law areas, particularly international criminal law and international humanitarian law. In this regard, not only international courts, but also national judiciary applies the concept of universal jurisdiction while overviewing the criminal cases of world-wide importance. The article deals with war crimes and the application of universal jurisdiction, which pose a serious threat to international peace and security. First of all, the essence of universal jurisdiction, the disagreement over its application and, consequently, its importance are touched upon. It has become the responsibility of states to prosecute or to extradite those convicted of war crimes, crimes against humanity, aggression and genocide, regardless of their nationality or home country. Of course, the goal here is to ensure that those convicted of international crimes that are dangerous to humanity go unpunished with no exception. There are many case examples from the national jurisdiction of different states and the article refers to specific court judgements in this regard. Finally, the author considers recommendations regarding the establishment of national legislation what allows more efficient application of universal jurisdiction in connection with war crimes.Av Alovsat VilayetNational Institute of Justice articleinternational criminalitycriminal responsibilityinternational law violationsius cogensnational legislationinternational crimeswar crimesinternational criminal courtuniversal jurisdictioninternational criminal lawLawKLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENFRRORURevista Institutului Naţional de Justiţie, Vol 14, Iss 3, Pp 24-27 (2021)
institution	DOAJ
collection	DOAJ
language	EN FR RO RU
topic	international criminality criminal responsibility international law violations ius cogens national legislation international crimes war crimes international criminal court universal jurisdiction international criminal law Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	international criminality criminal responsibility international law violations ius cogens national legislation international crimes war crimes international criminal court universal jurisdiction international criminal law Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Av Alovsat Vilayet Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
description	The present article is dedicated to the meaning, nature and scope of the universal jurisdiction over war crimes as well as the use of universal jurisdiction in the practice of various states. The universal jurisdiction on war crimes can be considered as one of the cornerstones of the current international law areas, particularly international criminal law and international humanitarian law. In this regard, not only international courts, but also national judiciary applies the concept of universal jurisdiction while overviewing the criminal cases of world-wide importance. The article deals with war crimes and the application of universal jurisdiction, which pose a serious threat to international peace and security. First of all, the essence of universal jurisdiction, the disagreement over its application and, consequently, its importance are touched upon. It has become the responsibility of states to prosecute or to extradite those convicted of war crimes, crimes against humanity, aggression and genocide, regardless of their nationality or home country. Of course, the goal here is to ensure that those convicted of international crimes that are dangerous to humanity go unpunished with no exception. There are many case examples from the national jurisdiction of different states and the article refers to specific court judgements in this regard. Finally, the author considers recommendations regarding the establishment of national legislation what allows more efficient application of universal jurisdiction in connection with war crimes.
format	article
author	Av Alovsat Vilayet
author_facet	Av Alovsat Vilayet
author_sort	Av Alovsat Vilayet
title	Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
title_short	Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
title_full	Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
title_fullStr	Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
title_full_unstemmed	Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
title_sort	application of universal jurisdiction for war crimes in national legislations of states: comparative analysis
publisher	National Institute of Justice
publishDate	2021
url	https://doaj.org/article/042b4dc547e849308f9123336374fd5b
work_keys_str_mv	AT avalovsatvilayet applicationofuniversaljurisdictionforwarcrimesinnationallegislationsofstatescomparativeanalysis
_version_	1718439098821115904

Application of universal jurisdiction for war crimes in national legislations of states: comparative analysis

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