Juristicion

Ariel Zemach (Ono Academic College Faculty of Law) has posted Reconciling Universal Jurisdiction with Equality Before the Law (Texas International Law Journal, Vol. 47, 2011) on SSRN. Here is the abstract:

This Article concerns the relationship between the doctrine of universal jurisdiction and the principle of equality before the law. While inequality before the law always presents a challenge to the legitimacy of a criminal justice system, it has an especially devastating effect on universal jurisdiction’s claim to legitimacy. At the same time, the exercise of universal jurisdiction lends itself to discrimination and arbitrariness far more readily than regular domestic prosecutions.

This Article proposes a reform in the international law of universal jurisdiction that would ameliorate, as far as possible, the problem of inequality before the law in the exercise of universal jurisdiction. This reform introduces limitations on the liberty of states to “choose their battles” in the enforcement of international criminal law. The proposed reform assigns a pivotal role to the International Criminal Court (“ICC”). It sets forth a mechanism by which the ICC would designate particular states to exercise universal jurisdiction over crimes relating to a particular situation. Such designation would be a precondition for a state’s liberty to exercise universal jurisdiction. The legal regime advocated here would thus replace the existing norm of international law that allows any state to exercise universal jurisdiction over core international crimes. This Article demonstrates that the proposed designation mechanism would constitute, in and of itself, a substantial guarantee of equality before the law in the exercise of universal jurisdiction.

This Article then proceeds to propose prosecutorial guidelines that, under the proposed reform, a state would be required to apply in its exercise of universal jurisdiction. Finally, it sets forth a mechanism that would allow the ICC Prosecutor to monitor the compatibility of a state’s exercise of universal jurisdiction with the principle of equality before the law. This international oversight mechanism is tailored with a view to minimizing, as far as possible, both sovereignty and economic costs for the state exercising universal jurisdiction.

Far from limiting the reach of universal jurisdiction, the proposed reform would enhance the fight against impunity by diffusing current objections to the exercise of universal jurisdiction in absentia, thereby facilitating the assertion of such jurisdiction by states.

TRENTON – The state Election Law Enforcement Commission said today’s appellate court ruling in a Morris County case confirms its authority to enforce campaign finance laws.

“We are delighted with the decision,’’ said Jeff Brindle, ELEC’s executive director. “We felt all along that a recent Morris County election should not have been overturned based on alleged violations of campaign finance regulations,’’ said Brindle.

“It is ELEC’s job to determine when such violations exist. Only in extremely rare instances does the agency have the ability to overturn an election. The appellate judges today clearly recognized these facts,” he said.

The appeals court this morning declared a vacancy in a Morris County freeholder race, and said the person who won in November should not have been on the ballot, but instead said that the person disqualified by a trial court decision earlier should have been on the ballot.

Brindle emphasized that while the Commission intervened in the case to uphold its statutory prerogatives, it did not take sides in the case.

Brindle said that when it intervened in the case, ELEC pointed out that the Legislature in 1993 gave the agency the power to make a candidate forfeit office only if it found that the candidate received at least $50,000 in illegal contributions and the violation had a significant impact on the outcome of the election. In its nearly 40-year history, the Commission has never invoked that section of the law, Brindle said.

Brindle said if a previous lower court ruling had not been overturned, “it would have subjected candidates and committees to inconsistent application of the Campaign Reporting Act in enforcement actions.’’

Morris County freeholder removed; court vacancy declared

 

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