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Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are ''erga omnes'', or owed to the entire world community, as well as the concept of ''jus cogens'' – that certain international law obligations are binding on all states. 〔See Lyal S. Sunga Individual Responsibility in International Law for Serious Human Rights Violations, Nijhoff (1992) 252 p. ISBN 978-0-7923-1453-0〕 The concept received a great deal of prominence with Belgium's 1993 ''law of universal jurisdiction'', which was amended in 2003 in order to reduce its scope following a case before the International Court of Justice regarding an arrest warrant issued under the law, entitled ''Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)''.〔Hans Köchler, "The judgment of the International Court of Justice (2002) and its implications for the exercise of universal jurisdiction by national courts: the case of Belgium," in: ''Global Justice or Global Revenge? International Criminal Justice at the Crossroads''. Vienna and New York: Springer, 2003, pp. 85–101. ISBN 3-211-00795-4〕 The creation of the International Criminal Court (ICC) in 2002 reduced the perceived need to create universal jurisdiction laws, although the ICC is not entitled to judge crimes committed before 2002. According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole, that states have a logical and moral duty to prosecute an individual responsible therefor; no place should be a safe haven for those who have committed genocide,〔The Program for Humanitarian Policy and Conflict Research, "Brief Primer on Genocide" Accessed at http://ihl.ihlresearch.org/index.cfm?fuseaction=page.viewpage&pageid=1638〕 crimes against humanity, extrajudicial executions, war crimes, torture and forced disappearances. Opponents, such as Henry Kissinger, who was himself the subject of war crimes charges in Spain, argue that universal jurisdiction is a breach on each state's sovereignty: all states being equal in sovereignty, as affirmed by the United Nations Charter, "Widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny – that of judges." According to Kissinger, as a practical matter, since any number of states could set up such ''universal jurisdiction'' tribunals, the process could quickly degenerate into politically driven show trials to attempt to place a quasi-judicial stamp on a state's enemies or opponents. The United Nations Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "Reaffirm() the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity" and commits the Security Council to action to protect civilians in armed conflict.〔(Resolution 1674 (2006) ) 〕〔(Security Council passes landmark resolution – world has responsibility to protect people from genocide ) Oxfam Press Release – 28 April 2006〕 ==History== "All nations," says the Institutional Treatise published under the authority of Roman Emperor Justinian (c. 482-565) "...are governed partly by their own particular laws, and partly by those laws which are common to all, (that ) natural Reason appoints for all mankind." Expanding on the classical understanding of universal law accessible by reason, in the seventeenth century, the Dutch jurist Grotius laid the foundations for universal jurisdiction in modern international law, promulgating in his ''De Jure Pradae'' (Of Captures) and later ''De jure belli ac pacis'' (Of the Law of War and Peace) the Enlightenment view that there are universal principles of right and wrong.〔 (discussing in introductory notes Grotius' account of universal principles of right and wrong derived from reason and divine Will, the underpinning of much modern international law).〕 At about the same time, international law came to recognize the analogous concept of ''hostes humani generis'' ('enemies of the human race'): pirates, hijackers, and similar outlaws whose crimes were typically committed outside the territory of any state. The notion that heads of state and senior public officials should be treated like pirates or outlaws before the global bar of justice is, according to Henry Kissinger, a new gloss on this old concept.〔 From these premises, representing the Enlightenment belief in trans-territorial, trans-cultural standards of right and wrong, derives universal jurisdiction. Perhaps the most notable and influential precedent for universal jurisdiction were the mid-20th century Nuremberg Trials. U.S. Justice Robert H. Jackson then chief prosecutor, famously stated that the International Military Tribunal could prosecute Nazi "crimes against the peace of the world" even though the acts might have been perfectly legal at the time in Fascist Germany. Indeed, one charge was that the Nazis distorted the law itself into an instrument of oppression. Kenneth Roth, the executive director of Human Rights Watch, argues that universal jurisdiction allowed Israel to try Adolf Eichmann in Jerusalem in 1961. Roth also argues that clauses in treaties such as the Geneva Conventions of 1949 and the United Nations Convention Against Torture of 1984, which requires signatory states to pass municipal laws that are based on the concept of universal jurisdiction, indicate widespread international acceptance of the concept.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Universal jurisdiction」の詳細全文を読む スポンサード リンク
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