Thread: Universal Jurisdiction??

Originally Posted by igitur55

Is it? Is that a possession/consumption offense? I am not sure, not having read the law in question. I assumed it was a prohibition on importation, in which case your example would not work. Any experts (we have so many cigar smokers on this site, I am we'll get an answer quickly)?

Look at my screen name! I became known as that because I was a recently graduated JD with a multi-thousand cigar collection! Edit...thinking back, it might go back even further, to when I was in law school. Not sure....regardless...

I am reasonably sure it is due to the fact that purchase of the cigar, regardless of where it takes place, is a benefit to the "enemy." Now...if it wasn't purchased, but given freely? I don't know. I did see the law in question, and have discussed it at some length, but it was at least a few years ago.

There is also an importation prohinition, and possession in the USA.

International law? Please. Were its heavy hand of concern, there would be no worry about driving ships past the Horn of Africa.

I think some of this comes from the fact that the U.S is signatory to certain international treaties concerning treatment of prisoners and all that, so if the U.S breaks these treaties and agreements then it can be tried for it. In the end though like any civil lawsuit even if you win you need to collect and how are you going to enforce it? same here as long as you stay out of Spain and even if you travel there and were arrested which I doubt would happen the red tape would be mind boggling.

Its like the international court, a joke.

International law is usually reserved for crimes that happen during wars that are recognized by the Hague or crimes that happen in international waters where there is no jurisdiction.


Here is a website. BTW I am guessing about the war crimes, it just seems that only certain wars are fitted into this category.

Originally Posted by smokelaw1

Look at my screen name!

D'oh, of course!

Originally Posted by Bruce

International law? Please. Were its heavy hand of concern, there would be no worry about driving ships past the Horn of Africa.

We've gotta get them Duke Boys!

Originally Posted by gratewhitehuntr

an affront to the sovereignty of all nations

Just like Nafta and GATT, the worlds leadership is trying to put all of the nations under one umbrella organization.

" I wish that all of humanity had but one neck, so that I could put a noose around it" Nero IIRC

Belgium had a law that bascially said that we could prosecute people for crimes that were committed by non-Belgians on non-Belgian soil.

There was a good reason for us to have this law. It had to do with certain incidents in Congo, 15 or so years ago. We had the means to prosecute, as well as the opportunity. We just didn't have legal infrastructure to do so. So an umbrella law was approved rapidly.

Sometime later, people came to their senses. They abolished it some time ago (or reduced it), much to the displeasure of the leftists who were (their own words) 'proud that we had such a progressive law'.
Yeah. As if it could be used on a general basis. It would have been hilarious, had someone filed a lawsuit against dubya or another leader of an international power.

Fortunately or otherwise the world is heading to a global unification. We probably will not see it in our time but the unification of the European currency and the tossing about of a unified American currency, only hints at the fact that the world is on track to unify.

We have the Hague in which the world court sits, we have Interpol. It is only a matter of time.

Originally Posted by Big Red

And what are the expected outcomes from such a trial? to my knowledge one state doesn't have rights to punish a citizen of another state for actions that don't take place in their own country. does that make sense?

Hey Big Red!
Being a law student (shame ^^) here in Germany, I can tell you it's pretty complicated regarding public international law.
But what may help you is this article
Universal jurisdiction - Wikipedia, the free encyclopedia

Here in Germany (and other countries) it's possible to judge foreign persons for crimes in foreign countries if the crime is one like crime against humanity or genocide and so on.

An important person involving such cases in Europe is the Spanish judge Baltasar Garzon.
Baltasar Garzón - Wikipedia, the free encyclopedia

Known is this case
Augusto Pinochet - Wikipedia, the free encyclopedia