Autonomous Issues in Using Universal Jurisdiction
A slightly deeper look into the usability of universal jurisdiction
Investigation processes are extremely central to the whole issue of using universal jurisdiction, and more attention needs to be given to this. We should view the investigation as a kind of separate autonomous issue in using universal jurisdiction.
Recognizing that — not only prosecution but investigation and publication of an investigated report can have an important impact on facilitating the norms that underlie the concern of universal jurisdiction.
In other words, there doesn’t necessarily have to be a prosecution for universal jurisdiction to do something very good.
It doesn’t mean that I’m saying — there should not be prosecutions, but what I’m saying is that if we put more attention on the investigation stage in the international form, the investigation has a whole set of due process rules that
- defendants,
- the defense attorneys and
- States
who are interested in these cases if they understand that the investigation is an independent procedure.
At the end of which, a report will be published, and this report will have an independent status. It will lift us into greater view, and it will also require us to attend to the rules that will be applied in the investigation and make them more public.
Therefore in the series of events enhance the legitimacy of courts who do universal jurisdiction in the eyes of the potential defendants.
Those persons who are the potential subjects of International of universal jurisdictions and who look on the Spanish court and who look on the Belgium Court when it had international jurisdiction and on the UK when it had real universal jurisdiction, the major issue in the minds
The major issue was the question of arrest: could these people travel, and would they be arrested and held in jail for some time:
- while an investigation takes place
- while a prosecutorial decision is being made and
This prospect of the possibility of being arrested, the investigation process, and consideration of prosecution.
Thereafter, not granting bail to these people is a tremendous negative factor. Of course, you may say this is the teeth of international or universal jurisdiction, but it’s a tremendous negative factor for getting more; I would call it social legal acceptability for universal jurisdiction.
Thanks for reading.🙂
