Topic

Africa’s opposition to universal jurisdiction by European countries

Author/Academic

Harmen van der Wilt

Viewpoint

The African Union has accused European States of ‘legal colonialism’ by making extensive use of universal jurisdiction against African nationals. They claimed that this was abusive and in violation of African sovereignty. The counter-argument is that such jurisdiction has been assumed because African countries have failed to prosecute those responsible for heinous crimes on the continent.

Source

‘Universal Jurisdiction under Attack: An Assessment of African Misgivings towards International Criminal Justice as Administered by Western States’, 9 Journal of International Criminal Justice (2011) 1043

Topic

Jurisdiction to enforce criminal laws abroad

Author/Academic

Anthony J Colangelo

Viewpoint

The USA has gone beyond its own constitutional constraints which have long favoured the exclusive territorial competence of all States. The extension of its laws and arrest practices abroad in the absence of consent violates both domestic and international law.

Source

‘Constitutional Limits on Extraterritorial Jurisdiction: Terrorism and the Intersection of National and International Law’, 48 Harvard Journal of International Law (2007) 12