UNIVERSAL CIVIL JURISDICTION-THE NEXT FRONTIER?

At the 99th annual meeting of the American Society of International Law, a panel was convened to discuss the issue of universal civil jurisdiction. The principle of universal jurisdiction allows a state to exercise jurisdiction over a limited category of cases when the state has no connection by territory, nationality, or protection with the parties or the conduct in a particular case. The modern justification for universal jurisdiction focuses less on the place in which the offence takes place and more on the nature of the offence: some crimes, such as genocide and torture, are so heinous that they are universally condemned, and as a result every state has an interest in their prosecution no matter where they take place. The emerging norm of universal civil jurisdiction draws on sources from outside the US as well, including caselaw from Canada, Italy, and the UK.