universal jurisdiction

Ordinary criminal jurisdiction rests on territory or nationality. Universal jurisdiction rests only on the nature of the crime: offences such as piracy, genocide, war crimes, crimes against humanity and torture are treated as crimes against all humanity, so any State may try them. Piracy is the oldest example, the pirate being hostis humani generis (enemy of all mankind), and Article 105 of UNCLOS allows any State to seize a pirate ship on the high seas.

Israel's trial of Eichmann (1961) relied on it. The ICJ's Arrest Warrant case (2002) held that serving foreign ministers enjoy immunity even against such prosecutions. Many treaties require States to prosecute or extradite (aut dedere aut judicare).

Example

Under universal jurisdiction, India could prosecute pirates captured on the high seas even though neither the ship nor the crew was Indian.

In Indian law

• Article 105, UN Convention on the Law of the Sea, 1982; Maritime Anti-Piracy Act, 2022

See also

piracy · hostis humani generis · aut dedere aut judicare · genocide

Read more in the study notes

• State jurisdiction: principles and exemptions (Public International Law)