In many legal systems, extraterritorial jurisdiction had to be based on a multilateral treaty: crimes could be prosecuted only when designated as such in a treaty to which the State concerned was a party.
For the purposes of the present study, the terms “crime under international law” or “international crime” as forming a possible exception to immunity are used to denote crimes under general international law, as well as treaty crimes
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It was essential to address those problems and to apply the principle of universal jurisdiction in good faith, without abuse, selectivity or politicization, and responsibly, taking into account its role as a deterrent to international treaty crimes.
The obligation should first and foremost relate to crimes for which universal jurisdiction already existed by treaty: war crimes, genocide, torture, and terrorism
The obligation should first and foremost relate to crimes for which universal jurisdiction already existed by treaty: war crimes, genocide, torture, and terrorism.
For its part, the Commission, in its elaboration of the Statute of an International Criminal Court, seems to have used the distinction between crimes under general international law (“core crimes”) and crimes under or pursuant to certain treaties (“treaty” crimes
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(3) As such, when treaties concerning crimes address national law implementation, they typically include a provision on the establishment of national jurisdiction.
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hairman, Group of Experts to Examine ways of fostering greater reliance on model treaties for crime prevention and criminal justice, UN Office Vienna, (CPCJB
Chairman, Group of Experts to Examine ways of fostering greater reliance on model treaties for crime prevention and criminal justice, UN Office Vienna, (CPCJB).
It was important to keep in mind the distinction between the jurisdiction of national courts over crimes for which the international community as a whole generally agreed the application of universal jurisdiction was appropriate and the jurisdiction of international tribunals over treaty crimes or the obligation to extradite or prosecute required by specific international treaties.