Concurring Criminal Jurisdictions under International Law
in: Morten Bergsmo (ed.): Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes, Oslo 2010
Florian Jeßberger, Wolfgang Kaleck and Andreas Schueller
The exercise of universal jurisdiction in Europe over the past fifteen years reveals a number of legal and practical problems, among the most crucial ones is the problem of concurring criminal jurisdictions, often discussed under the heading of complementarity or subsidiarity. In general, the merits of these principles may not be doubted; however, the danger of their extensive application becomes apparent when a forum state declines to exercise universal jurisdiction over one suspect based on the fact that the home state has shown or has pretended to be willing and able to prosecute lower-ranked human rights violators.