A Responsibility to Protect Humanity from Evil

Royer, Christof

doi:10.1007/978-3-030-53817-0_3

Cited by 2 publications

(3 citation statements)

References 61 publications

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“…As a consequence, states' political will cannot oppose the application of legal principles that are based on the R2P. Instead, the R2P combines states' political interests and humanity's morals in a shield against evil deeds [37]. This moral portrayal of the R2P proves its validity in utilising other international law principles against atrocities.…”

Section: The R2p As a Basis Of Universal Jurisdictionmentioning

confidence: 99%

“…It is manifested in its endeavour to reach a global consensus regarding the scope and application of universal jurisdiction. The Sixth Committee invited the Member States to share their views on universal jurisdiction at the meetings of this working group, 37 which held two meetings discussing the scope and application of the principle of universal jurisdiction and reached a draft resolution. The General Assembly, in this draft, noted the absence of a universal consensus concerning the scope and application of the principle of universal jurisdiction.…”

Section: Conciliation Mechanismsmentioning

confidence: 99%

“…This enhances the trustworthiness of the national judiciary, which is an integral part of its independence. 37 The UN General Assembly Report of the Sixth Committee on the Scope and Application of the Principle of Universal Jurisdiction A/72/464 on 10 November 2017, para 5. 38 The General Assembly Draft Resolution A/C.6/72/L.23 on 7 November 2017, para 4.…”

Section: Conciliation Mechanismsmentioning

confidence: 99%

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A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice

Abdelkarim

2024

IJLCW

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The study introduces a multidimensional solution to impose universal jurisdiction by utilizing firm concepts in international law to enhance the functionality of this principle in international legal practice. Initially, it explores the current ‎classification of the principle of universal jurisdiction in international law to ‎determine its latest status quo. It is prominent to introduce a comprehensive presentation of the ‎structure of universal jurisdiction and its relevant concepts in international ‎law by ‎reviewing international jurisprudence on this principle. Thus, the study reviews its evolution in international legal instruments and how ‎international courts utilise them. In addition, the research analyzes the UN ‎relevant resolutions on universal jurisdiction to draw a global portrait of its ‎legal status in international law.‎ Because of the cosmopolitan humanitarian ends of universal jurisdiction, the research suggests employing the concept of humanness to justify imposing it. In addition, these ends, and the purpose of enhancing international justice, drive the study to introduce the theory of the responsibility to protect (R2P) to justify the utilization of domestic legal rules extra-territorially. Nevertheless, this utilisation might trigger the question of national judiciaries’ independence. The research analyzes this problem to establish the required foundations to strike a balance between the independence of national judiciaries and imposing universal jurisdiction to secure justice.

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Section: The R2p As a Basis Of Universal Jurisdictionmentioning

confidence: 99%

Section: Conciliation Mechanismsmentioning

confidence: 99%

Section: Conciliation Mechanismsmentioning

confidence: 99%

See 1 more Smart Citation

A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice

Abdelkarim

2024

IJLCW

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Employing the Responsibility to Protect (R2P) to Impose Universal Jurisdiction Regarding Cyber-Terrorism

Abdelkarim

2023

JDTL

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Objective: the development of wireless technologies and digital infrastructure has radically changed the human habitat, giving rise to a new type of space -a cyberspace. The uniqueness and peculiarities of this environment, including anonymity, boundlessness and problems related to the determination and establishment of jurisdiction, have become a breeding ground for the emergence of a new global threat - cyberterrorism. The latter is characterized by a high level of latency, low detection rate and incomparably greater danger than “real world” crimes. Countering new forms of crime has required the development of universal tools that overcome the limitations of traditional jurisdiction and allow states to prosecute terrorists in cyberspace. Identifying the relevant tools and identifying the political-legal obstacles to their implementation is the objective of this study. Methods: to achieve the set goal the formal-legal method was used to analyze legal sources, including judicial practice, national legislation, and international acts. The doctrinal approach was also used, which allowed, on the basis of scientific works and theoretical constructions, explaining the complexity of the modern phenomena and predicting their future development. This said, the main focus is on criminals to prove their antagonism with humanity in accordance with theoretical views. Finally, the study analyzes the theories of universal and traditional jurisdiction and how they are applied to prosecute terrorists.Results: the paper provides a critical analysis, reviewing and adapting the concept of jurisdiction as applied to a global, borderless and decentralized digital environment (cyberspace) and to the struggle against new forms of terrorism (cyberterrorism). Various jurisdictional models applicable in cyberspace are presented. The author bridges the gap between the main branches of law: international private law and public law by linking, in relation to cyberterrorism, the two theories: the “responsibility to protect” (R2P) theory and the application of universal jurisdiction. The trends of universal jurisdiction development are revealed.Scientific novelty: the study develops the accumulated scientific knowledge while justifying the introduction of foreign jurisdiction in a state territory to prosecute cyberterrorists. It also establishes a link between the theory of universal jurisdiction in private international law and the “responsibility to protect” (R2P) theory in public international law, recognizing the latter as a relevant basis for the introduction of universal jurisdiction over cyberterrorism. Such traditional concepts as sovereignty and jurisdictional independence are reviewed. The gap related to the consideration of cyberterrorism as a crime against humanity in international law is bridged.Practical significance: the implementation of the proposed conclusions will contribute to the strengthening of international prosecution of cyberterrorism and harmonize the international and national legal tools to struggle against this crime.

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A Responsibility to Protect Humanity from Evil

Cited by 2 publications

References 61 publications

A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice

A Multi-Dimensional Approach to Impose Universal Jurisdiction in International Legal Practice

Employing the Responsibility to Protect (R2P) to Impose Universal Jurisdiction Regarding Cyber-Terrorism

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