Research On The Crime Scope Of Universal Jurisdiction

Universal jurisdiction is a jurisdiction like as territorial jurisdiction,personal jurisdiction and protective jurisdiction.However,compared with other jurisdictions,it has always been difficult to function in practice for the reason of so many different concepts.Beginning with the definition of universal jurisdiction,this article summarizes the feasibility of universal jurisdiction by clarifying the different types of universal jurisdiction and paves the way for the further study of its crimes.In fact,the biggest concerns about the application of universal jurisdiction lie mainly in their tensions with the national sovereignty and diplomatic immunity.In addition,many scholars have confused universal jurisdiction with the principle of "extradite or prosecute".All of these are questions that need to be resolved before they explore the scope of their crimes.Considering that the main purpose of universal jurisdiction is to prevent impunity for certain major criminal acts in order to achieve fair and international justice and embody the dual requirements of international criminal law and international humanitarian law,thus when exercising universal jurisdiction,all states should follow certain conditions and fulfill their due obligations,both by respecting the sovereignty of other countries and by severely punishing major crimes.The focus of this article is to explore the scope of the crimes of universal jurisdiction.Although both the Princeton Principles of Universal Jurisdiction and the Draft International Criminal Law authored by Bassiouni gave a clear and concrete statement of the issue,the UN General Assembly still holds this as one of the agenda items,and the differences among the representatives of all countries are obvious,which is also caused by the different provisions of domestic criminal law.Based on the existing relevant international conventions,the criminal legislation of each country and the characteristics of universal jurisdiction itself,the author thinks it should unconditionally apply universal jurisdiction on war crimes,crimes against humanity,genocide and torture.Pirate,slavery and terrorist crimes should have some conditions to apply universal jurisdiction.Temporarily,universal jurisdiction should not apply to environmental crimes,financial crimes,drug crimes and corruption crimes.Finally,in order to make the application of universal jurisdiction and the scope of its crimes reunified between real practice and ideal condition,this article made some recommendations for the current relevant criminal substantive legislation of our country.The main purpose of this article is to limit the concept of universal jurisdiction and the scope of the crimes within the framework so that more sovereign states can accept it as an international legal system,so as to build it at a higher standard,eventually making it an international criminal law obligation.For this reason,the author has extensively collected the opinions of various countries on this agenda and the provisions of different domestic criminal legislation.Through empirical analysis and comparative study,a great deal of arguments have been taken as support.Ultimately,the scope of crimes currently under universal jurisdiction should include war crimes,crimes against humanity,genocide,torture and other grave violations of human rights.This conclusion is more conservative compared with other scholars' views.However,this is a compromise that has to be made to promote the exercise of universal jurisdiction and is subjected to a wide range of application with strict restrictions.This is also the biggest innovation in this article,which is to ensure that the most significant crimes are found in the international arena and can not escape out of the law.