Scientific-Research Quarterly Journal of
Law Knowledge
Volume 2, Issue 3 (6-2024)
SRQJL 2024, 2(3): 50-70 |
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Skandari A K. The principle of universal jurisdiction in international criminal law and the Afghan penal code. SRQJL 2024; 2 (3) :50-70
URL: http://srqjl.knu.edu.af/article-1-52-en.html
URL: http://srqjl.knu.edu.af/article-1-52-en.html
Abstract: (42 Views)
One of the basic topics in the field of international criminal law is the principle of competencies, which are divided into territorial, personal, protective, and global competencies in terms of territorial territory and beyond. The principle of universal jurisdiction has been established for the national courts of states to prosecute and try international criminals and protect the order and security of countries at the domestic and international levels, considering the complementarity of the jurisdiction of the International Criminal Court. According to this principle, all countries have the right to try international criminals, and due to its secondary nature, it can be implemented by the domestic courts of the states with special conditions and in the absence of other jurisdictions. In this research, an attempt is made to examine universal jurisdiction, its principles, and implementation conditions from the point of view of international documents and Afghan criminal law, and this principle is described and investigated using a library method. Acceptance of this principle is optional, like membership in the Rome Statute, and for this reason, there is no single practice by countries in the field of its acceptance and the crimes covered by this competence, and therefore, it faces legal and non-legal challenges in terms of implementation, but in total, the examples The practice of this principle indicates its effective function in the field of fighting international crimes, especially for weak countries.
Keywords: Universal jurisdiction, international punishment, foundations, territory, implementation conditions, obsta
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