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A Particular Universality: Crimes Against Humanity and Universal Jurisdiction in Domestic Courts

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Abstract:

In the second half of the 20th century, the international community has embarked upon the ambitious project of declaring some crimes “crimes against humanity” and allowing any state to punish them. But how far does the promise of universal jurisdiction carry in practice? Examining two trials that were based on universal jurisdiction (the Eichmann trials and the Pinochet proceedings) I will show that these trials, in spite of their genuinely universalistic justifications, would not have occurred save for more particularistic motivations. Although crimes against humanity morally offend humanity at large, only those that identify with the victims will prosecute these crimes. These unsettling patterns let us conclude that the prosecution of crimes against humanity must be made independent from particularistic motivations: for example through a strong International Criminal Court.

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crime (177), human (176), univers (107), jurisdict (93), victim (73), case (73), intern (71), trial (60), right (60), law (55), state (53), prosecut (47), justic (46), court (41), eichmann (38), pinochet (36), countri (33), legal (28), spanish (28), nation (27), arendt (26),

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crimes against humanity, universal jurisdiction, human rights, courts, international law, international justice, Pinochet, Eichmann
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Name: American Political Science Association
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MLA Citation:

Wilke, Christiane. "A Particular Universality: Crimes Against Humanity and Universal Jurisdiction in Domestic Courts" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 01, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p63658_index.html>

APA Citation:

Wilke, C. , 2003-08-01 "A Particular Universality: Crimes Against Humanity and Universal Jurisdiction in Domestic Courts" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p63658_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In the second half of the 20th century, the international community has embarked upon the ambitious project of declaring some crimes “crimes against humanity” and allowing any state to punish them. But how far does the promise of universal jurisdiction carry in practice? Examining two trials that were based on universal jurisdiction (the Eichmann trials and the Pinochet proceedings) I will show that these trials, in spite of their genuinely universalistic justifications, would not have occurred save for more particularistic motivations. Although crimes against humanity morally offend humanity at large, only those that identify with the victims will prosecute these crimes. These unsettling patterns let us conclude that the prosecution of crimes against humanity must be made independent from particularistic motivations: for example through a strong International Criminal Court.

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Associated Document Available Political Research Online

Document Type: .PDF
Page count: 32
Word count: 9924
Text sample:
Christiane Wilke New School for Social Research Political Science Department WilkC097@newschool.edu A Particular Universality: Crimes Against Humanity and Universal Jurisdiction in Domestic Courts Prepared for delivery at the Annual Meeting of the American Political Science Association Philadelphia PA August 28 - 31 2003. “At a time when everything has been globalized from capital to communications to production what about justice what about its globalization? In an age when humanity is being redefined and unified across frontiers who speaks in
international attention and solidarity. After all the lesson of international criminal law should not be: ‘don’t kill foreigners from countries that practice international human rights litigation.’ Most victims of crimes against humanity were brutalized by their own government so they often do not have a state they can turn to for justice. In order to secure justice for those who cannot rely on citizenship or nationality in addition to their humanity international institutions are needed. The decentralized approach to


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