Derechos: Human Rights Listings

0Amnesty International has published six papers so far in its No safe haven series on universal jurisdiction in each of the 192 UN Member states (as well as links). The International Justice Project of Amnesty International is now engaged in a multi-year project to update, expand and revise its 722-page global study of state practice in 125 countries, Universal jurisdiction: The duty of states to enact and implement jurisdiction, AI Index: IOR 53/002 - 018/2001, September 2001, available at http://web.amnesty.org/pages/legal_memorandum.

Each paper includes information about:

- territorial and extraterritorial jurisdiction;

- whether the state has incorporated into national law crimes under international law (genocide, crimes against humanity, war crimes, torture, extrajudicial executions, enforced disappearances and aggression) and other crimes of international concern (such as hostage-taking, transnational organized crime);

- whether national courts can exercise universal criminal jurisdiction over crimes under international law, crimes under national law of international concern and ordinary crimes;

- whether victims can obtain civil reparations in civil suits or in civil claims made in criminal cases, such as the action civile in civil law countries;

- what obstacles exist to exercising universal criminal and civil jurisdiction, including statutes of limitation, ne bis in idem, bars on retrospective criminal law and immunities;

- what obstacles (such as dual criminality and political offence exceptions) and human rights safeguards (risk of unfair trial, death penalty, torture or other ill-treatment) exist with respect to extradition and mutual legal assistance;

- whether there is a specialized immigration unit to screen those seeking to enter the country with a view to identifying persons who should be investigated on suspicion of responsibility for crimes under international law and specialized police and prosecution units to investigate and prosecute such crimes; and

- whether there is any relevant jurisprudence.

Each paper then concludes with several pages of detailed recommendations for reform of law and practice.

The papers are all researched and drafted by volunteers from around the world, primarily in law firms, institutes of international criminal law and international law clinics in law schools, under the direct supervision of the International Justice Project, then checked by independent experts on the law of the state concerned and finally sent to police, prosecutors and ministries of justice, foreign affairs and defence for comment before publication.

Anyone interested in assisting Amnesty International in this exciting project should contact the International Justice Project at: ijp@amnesty.org.