Doctrine
This chapter presents the principal scholarly views on universal jurisdiction, including drafts, reports, and resolutions of international learned bodies and conferences. The universality principle encompasses three different concepts: (1) the secondary or subsidiary jurisdiction of the custodial State over all serious offences if extradition of the suspect is impracticable; (2) the jurisdiction, whether primary or subsidiary, of the custodial State over international offences only; and (3) the primary right of any State to try international offences without regard to the offender’s whereabouts.
Keywords: universal jurisdiction, universality principle, international offences, custodial State
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