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The End of Universal Jurisdiction
By Justin Podur
Source: teleSUR English
November 15, 2015
The doctrine in question was called “universal jurisdiction.” The idea was that a crime like genocide and crimes against humanity were not crimes that stopped at national borders. As a result, any country could charge and try those accused of such crimes, even if they were from another country. Universal jurisdiction is a liberal doctrine, analogous to the selectively applied Responsibility to Protect (R2P). Universal jursidiction is not as prone to abuse as R2P mainly because it is not as asymmetric as R2P: any country with a judiciary can hold a trial and issue arrest warrants, but only two or three countries in the world have the military might to send military forces to other countries, whether on the pretense of protecting people or some other. For non-superpowers, for smaller countries, there was only the threat of the law.
Spain was just such a small country whose judges took up the law against human rights abusers in other countries. Under the universal jurisdiction doctrine it attempted to try Chile’s dictator Augusto Pinochet, Guatemalan military officers, and Argentinian military officers. But the Spanish judges didn’t just chase fallen dictators from smaller countries. They also pursued former US Secretary of State Henry Kissinger, US soldiers for crimes in Iraq, Chinese politicians for crimes in Tibet, and Israeli generals for massacres of Palestinians.
By going after the big fish and people currently in power, the Spanish judges set alarm bells ringing. Israel, which famously used the doctrine of universal jurisdiction in its trial of Eichmann in 1961, got the investigation against its officers stopped. Kissinger argued that the doctrine would degenerate into show trials against political opponents.
Last year, Spain’s legislature reduced the applicability of universal jurisdiction. A New York Times article (Feb 10/14, “Spain Seeks to Curb Law Allowing Judges to Pursue Cases Globally”) suggests that China was the last straw. But the doctrine was targeted earlier. And the last straw was not China, but the arrest in June of one of Rwandan ruler Kagame’s intelligence officers, Karenzi Karake, in London, on a European arrest warrant filed based on Merelles’s 2008 indictments. Karake was released in August through the strenuous efforts of the Blair family (Tony Blair is a friend and advisor to Kagame, and Cherie Blair was Karake’s lawyer). Less than two months later, Merelles’s indictments were dismissed in the Spanish Supreme Court.
Kagame and his men could breathe a little easier. As for Kagame himself, lest any other countries get any universal jurisdiction ideas, the Rwandan parliament voted to allow Kagame to extend his tenure beyond the end of his term limits in 2017. Maybe he’ll stay on until 2034. The parliament didn’t change the law for everyone: just for Kagame.
Spain was just such a small country whose judges took up the law against human rights abusers in other countries. Under the universal jurisdiction doctrine it attempted to try Chile’s dictator Augusto Pinochet, Guatemalan military officers, and Argentinian military officers. But the Spanish judges didn’t just chase fallen dictators from smaller countries. They also pursued former US Secretary of State Henry Kissinger, US soldiers for crimes in Iraq, Chinese politicians for crimes in Tibet, and Israeli generals for massacres of Palestinians.
By going after the big fish and people currently in power, the Spanish judges set alarm bells ringing. Israel, which famously used the doctrine of universal jurisdiction in its trial of Eichmann in 1961, got the investigation against its officers stopped. Kissinger argued that the doctrine would degenerate into show trials against political opponents.
Last year, Spain’s legislature reduced the applicability of universal jurisdiction. A New York Times article (Feb 10/14, “Spain Seeks to Curb Law Allowing Judges to Pursue Cases Globally”) suggests that China was the last straw. But the doctrine was targeted earlier. And the last straw was not China, but the arrest in June of one of Rwandan ruler Kagame’s intelligence officers, Karenzi Karake, in London, on a European arrest warrant filed based on Merelles’s 2008 indictments. Karake was released in August through the strenuous efforts of the Blair family (Tony Blair is a friend and advisor to Kagame, and Cherie Blair was Karake’s lawyer). Less than two months later, Merelles’s indictments were dismissed in the Spanish Supreme Court.
Kagame and his men could breathe a little easier. As for Kagame himself, lest any other countries get any universal jurisdiction ideas, the Rwandan parliament voted to allow Kagame to extend his tenure beyond the end of his term limits in 2017. Maybe he’ll stay on until 2034. The parliament didn’t change the law for everyone: just for Kagame.
Full article: https://zcomm.org/znetarticle/the-end-of-universal-jurisdiction/
