보편적 관할권과 법의 지배의 관계에 관한 소고

A Study on the Relationship between Universal Jurisdiction and Rule of Law

The principle of universal jurisdiction allows individual states to prosecute perpetrators of international crime irrespective of the location of the crime and the nationality of the perpetrator or the victim. Since universal jurisdiction creates no safe haven for perpetrators of international crime, it has been praised for its role in enhancing rule of law. Domestic courts that exercise universal jurisdiction could protect victims’ right to access to justice, offer fair trials, and help bring justice. Universal jurisdiction, however, has also been criticized for diminishing rule of law. As the international community still have not yet come to an agreement on the definition and the scope of universal jurisdiction, there are problems in disparity in its application. Furthermore, universal jurisdiction not only could infringe other states’ sovereignty, but it could also be abused for political gains. Although universal jurisdiction is a controversial subject, one cannot deny its positive effects. Therefore, it is vital for the international community to cooperate with each other to advance universal jurisdiction and ultimately to promote rule of law.