Subject Code & Title :- LAWS8015 International Law
Assessment Type :- Assignment
Word limit :- 2,500 words (excluding references)
Weighting :- 40%
The use of universal jurisdiction allows a court to try non-citizen individuals for certain crimes committed outside that nation’s border. While this can help provide justice and deter future human rights violations, critics have been increasingly considering it as a form of jurisdictional imperialism. This is because, as they argue the international community’s recent attempts to use universal jurisdiction over the prosecution of human rights violations and other crimes infringe the well-established principle of state sovereignty.
LAWS8015 International Law Assignment
In this context on 22 October 2021, the Sixth Committee (Legal) of the United Nations General Assembly concluded its debate on the scope and application of universal jurisdiction today. The delegates wrestled with the challenging balance between state sovereignty along with the primacy of national jurisdiction in prosecuting serious international crimes and ensuring perpetrators of heinous crimes do not enjoy impunity.
Assume that considering the issue as a complex one containing an important international law question on 29 November 2021 the Committee referred it to the International Law Commission (ILC). Based on the concluding debate from 25 February 2022 the ILC has started the process to prepare a report as a legal brief for the consideration of the Committee. Imagine that you are one of the 34 members of the ILC who are currently working on this brief to finalise it by 25 October 2022.
While drafting the report you have agreed to consider the following issues-
• The legal basis of the doctrine of universal jurisdiction and the principle of state sovereignty in international law.
• The benefits of the universal jurisdiction doctrine.
• The challenges of the doctrine to state sovereignty.
• Possible solutions/recommendations to have a balance between the two principles.
As you write the brief examining these issues, you should carefully consider the statements presented by the delegates please see the above links). Further, to support your analysis and arguments you should cite relevant examples and evidence.
While you may refer to relevant resources in the prescribed readings for this unit such as books journal articles government reports international conventions case laws etc you are encouraged to refer to further academic literature identified by your own research. How ever your research for this brief must be limited to published material whether online or in print.
LAWS8015 International Law Assignment
Further Instructions
Structure of the Brief:
Headings: Meaningful headings and sub-headings are advised.
Content:
• Only answer the question that has been asked by mainly addressing the relevant issues.
• Provide an introduction that clearly indicates the brief’s position and provides an outline of the main arguments.
• Provide a conclusion that sums up your key findings The conclusion is not to introduce any new material or arguments.
• Refer to at least five (5) scholarly resources to support your analysis while there is no maximum limit to the use of relevant literature. Please note that you will be marked down for not citing the minimum number of scholarly materials.
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