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Universal jurisdiction: concept and conceptions

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Boe,  Morten
Criminal Law, Max Planck Institute for the Study of Crime, Security and Law, Max Planck Society;

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Citation

Boe, M. (2025). Universal jurisdiction: concept and conceptions. In Y. Lachezar, & H. van der Wilt (Eds.), Universal jurisdiction over core international crimes: law & practice (pp. 12-49). Cheltenham: Edward Elgar Publishing.


Cite as: https://hdl.handle.net/21.11116/0000-0011-F4F8-2
Abstract
Universal jurisdiction (UJ) is a complex and multifaceted concept that lacks a universally accepted definition and generates significant controversy regarding its scope and conditions of application. Comparative research suggests that there are significant differences in how states and other legal actors understand and apply UJ. This chapter provides a comprehensive examination of the concept and conceptions of UJ in international law, emphasizing its evolving and multifaceted nature. It explores the historical, theoretical and conceptual foundations of UJ, while addressing the controversies surrounding its definition, scope and application. By situating UJ within the broader framework of extraterritorial criminal jurisdiction, the chapter distinguishes its unique characteristics from other jurisdictional titles and traces its application to different categories of crimes, such as core international crimes and treaty crimes. It provides analytical tools for understanding how different legal systems interpret UJ and emphasizes the importance of conceptual clarity, cautioning against treating UJ as a one-dimensional concept. Instead, the chapter offers a nuanced framework that reflects the complex relationship between UJ's normative foundations and its practical implementation, underscoring its controversial yet essential role in modern international criminal law.