Research On Principle Of Universal Jurisdiction

This paper consists of six chapters.Chapterâ… is the Introduction to Principle of Universal Jurisdiction ,including two sections .Sectionâ…°is about the history of Principle of Universal Jurisdiction .Principle of Universal Jurisdiction has gone through three developmental periods :the first period is the emergence of Idea of this Principle ;the second is the period of international customary Law and the third is the period of written international law .In Sectionâ…±,the author analyzed that it is necessary for international society to establish Principle of Universal Jurisdiction from three aspects . It is inevitable for Principle of Universal Jurisdiction being accepted quickly and radicated as one essential principle of International Criminal Law in 2oth century : The first reason is that in the face of the complication , diversification and organizing nature of international crime ,International society mends his pace to seek the diplex judicial system which can control these international crimes even effectively and fleetly .The second reason is that there are many disadvantages in the direct enacting pattern of International Criminal Law ,the most obvious one is that the jurisdiction of International Criminal Tribunal and International Criminal Court are very restricted and the time - limiting system is also narrow . Based on the background with globalization ,author drew a conclusion that the direct enacting system failed to provide effective power to control and punish those developing quickly international crime obviously .And the third reason is that those traditional jurisdiction principles in indirect pattern-controlling international crime by courts of sovereignty-are also faulty .Because all of traditional jurisdiction principles need relation between the international crime or offender and the state which court belong to .This means that if there is no territory relation or nationality relation ,these traditional principle can't be invoke by court to prosecute ,trial and sentence those criminals .In this condition ,these principles are incapable to meet the need of controlling all kinds of grave international crime .Based on such background ,international society began to pay attention to Principle of Universal Jurisdiction ,because this principle is such a jurisdictional principle according with which a court of a sovereignty is rational to prosecute a suspect no matter where the crime was committed ,no...