Jurisdiction Over Crimes Against Humanity

Abstract This chapter examines the jurisdiction to investigate and prosecute crimes against humanity. There is no international convention providing for a jurisdictional arrangement regarding crimes against humanity similar to the one provided for grave breaches of the Geneva Conventions or genocide. However, the absence of a conventional root did not foreclose the development of a principle of international law pursuant to which states enjoy a right to exercise universal jurisdiction over crimes against humanity. Crimes against humanity are crimes which, by their nature and magnitude, affect the interests of humanity as a whole. Thus, when a nation takes on the responsibility of prosecuting such crimes, it effectively acts on behalf of all nations. The chapter then considers the effect of the right to exercise universal jurisdiction over crimes against humanity. In some jurisdictions, the existence of such a right would provide a valid and sufficient jurisdictional basis on which judicial and prosecutorial authorities could bring such cases to justice. The recognition of the existence of such a right could also be sufficient and provide the necessary support in some jurisdictions to authorize the extradition of an individual suspected of committing crimes against humanity.