Treaty-Based Regulation and Evidence-Extradition Agreements as Critical Tools in the Fight against International Criminal Wrongdoing
Abstract Draft Article 7 of the UN Draft Convention regarding Crimes Against Humanity provides the terra firma for States to establish and exercise a range of jurisdictional bases, including universal jurisdiction, to be reinforced by State-to-State agreements regarding evidence-extradition for the benefit of downstream truth and justice seeking projects. Legal analysis demonstrates there persists an insistence on treaty regulation and clearly particularised laws at local and international levels to successfully pursue international criminal accountability. Draft Article 7 will give credence to universal jurisdiction, complement the International Criminal Court’s workings and counter its temporal limitations, and negate politically-motivated invocation of the doctrine. A case study involving Australian extradition proceedings highlights how evidence can be obtained efficiently on the basis of a pre-existing bilateral agreement between culturally distinct States. Formal arrangements regarding evidence-exchange will espouse a greater willingness by States to cooperate across borders and will strengthen universality by taking some of the guess-work out of its exercise.