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La Compétence Universelle En Matière Pénale

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Chapter Summary

This chapter is in French with an English summary. Prosecution of perpetrators of violations of fundamental rules of international law is often justified as the exercise by a State of universal jurisdiction in criminal matters. The approximation of these two concepts is not founded on any legal necessity. At the most, one may consider that the peremptory character of a rule can complement the justification of universal jurisdiction. In contrast, the peremptory character of an international rule should make it possible, to the extent that such rule contributes to the building of a genuine international public order, to provide a stable framework for the exercise of universal jurisdiction in criminal matters, in particular by rendering more flexible the legal nationalism which generally permeates the work of criminal judges.

Keywords: criminal matters; international law; universal jurisdiction; violations of fundamental rules



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