Advertisement

Legal experts call for clear rules to avoid abuse of universal jurisdiction

Tuesday August 23 2016
law

Legal experts are calling for clear guidelines on the application of the principle of international judicial jurisdiction, which they say will prevent politicising justice. PHOTO | FILE

Legal experts are calling for clear guidelines on the application of the principle of international judicial jurisdiction, which they say will prevent politicising justice.

This follows a meeting by African intelligence chiefs in Kigali early this August, that focussed on countering the growing threat of abuse of universal jurisdiction against Africa.

“There is need of an international legal instrument that defines when and how universal jurisdiction can be invoked and applied,” Dr Bigirimana Fructuose —Dean of the Faculty of Law in INES-Ruhengeri, recommends, adding that further development of the law would attract a global consensus.

According to Canadian professor of international criminal and human rights law, William Anthony Schabas: "Universal jurisdiction is an issue that probably generates more heat than light. In reality, there is very little activity in this area, even in European states.”

The spy chiefs in the Kigali meeting lamented that African leaders “continue to suffer from politically motivated allegations orchestrated by some Western powers under the pretext of universal jurisdiction.”

READ: International law biased against Africa

Advertisement

In their recommendations, they among others urged for consultation with concerned governments before any state indicts their nationals under the international law.

This, however, could comprise justice and the independence of the judiciary, the law experts warn.

“In the end it may contribute to abusing the universal jurisdiction principle,” Dr Bigirimana cautions.

Instead, he advocates for legal procedures that give priority to local judicial systems.

“All countries exercising universal jurisdiction should adopt complementarity principle that gives precedence to local judicial systems to act, and only intervene in case of inability or unwillingness of the national courts,” he says.

Universal jurisdiction gives any country the power to prosecute international crimes.

“When the suspect is not on the territory of the State that will prosecute…the exercise of universal jurisdiction is a very empty threat, although it may fulfil a political agenda,” Prof Schabas says.

Advertisement