Averting Abuse of a Legal Principle: Universal Jurisdiction

Jerusalem Center for Public Affairs ^ | february 26, 2009 | irit kohn

[jerusalemjudy]

• Right at the outset of Israel’s recent operation in Gaza, French pro-Palestinian organizations filed a lawsuit against the Israeli president, foreign minister and defense minister. Turkish prosecutors said in February 2009 that they were investigating whether Israeli leaders should be prosecuted for crimes against humanity over Israel’s offensive in Gaza, after Mazlum-Der, an Islamic-oriented human rights organization, filed an official complaint in Turkey. At the same time, a Spanish judge is currently investigating the role of Israeli soldiers and security officials in a bombing in Gaza in 2002 in which a top Hamas suicide bombing planner, Salah Shehada, and 14 other people were killed.

• Universal jurisdiction refers to the power of a state to legislate, adjudicate, and punish any individual for war crimes, crimes against humanity, or genocide committed outside its borders, even when those crimes were not committed against that country or its citizens, and even if the accused is not its citizen. The idea is that anyone who commits such atrocious, internationally condemned crimes will not be able to find shelter or hide from judgment anywhere on the globe.