Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations

2018 ◽  
Vol 24 (1) ◽  
pp. 103-118
Author(s):  
Steven D. Roper
Keyword(s):  
Human Rights ◽  
Universal Jurisdiction ◽  
Human Rights Violations ◽  
Civil Cases

Prosecuting Israeli Perpetrators of International Crimes under Universal Jurisdiction Laws: Prospects for Success?

2020 ◽  
Vol 19 (1) ◽  
pp. 96-135
Author(s):  
Salma Karmi-Ayyoub
Keyword(s):  
Human Rights ◽  
Universal Jurisdiction ◽  
Human Rights Violations ◽  
Criminal Cases ◽  
Political Opposition ◽  
Viable Option ◽  
International Crimes ◽  
Advocacy Strategies

Abstract This article will review criminal cases brought under universal jurisdiction (hereinafter “UJ”) laws against Israeli officials1 accused of committing human rights violations against Palestinians. It will describe the challenges to bringing such cases and suggest that political opposition is the main reason there has yet to be such a prosecution. It will propose that UJ remains a viable option for pursuing accountability for Palestinian human rights violations but will suggest ways in which the chance of success for future cases can be improved arguing, in particular, that cases more likely to succeed are those which focus on lower-level perpetrators, in which perpetrators or victims are nationals of forum jurisdictions and that are better integrated into broader advocacy strategies.

Universal jurisdiction over crimes against humanity under French law—grave breaches of the Geneva Conventions of 1949—genocide—torture—human rights violations in Bosnia and Rwanda

1999 ◽  
Vol 93 (2) ◽  
pp. 525-529 ◽  
Author(s):  
Bernard H. Oxman ◽  
Brigitte Stern
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Universal Jurisdiction ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Ethnic Cleansing ◽  
French Law ◽  
Geneva Conventions

In rejavor. In re Munyeshyaka.French Cour de cassation, Criminal Chamber, March 26, 1996.In Re Munyeshyaka. 1998 Bull, crim., No. 2, at 3.French Cour de cassation, Criminal Chamber, January 6, 1998.In the Javor case, certain Bosnian victims of the policy of “ethnic cleansing” that took place in Bosnia and Herzegovina, who were refugees in France, tried to rely on the universal jurisdiction of the French courts in order to file a criminal complaint (plainte avec constitution departie civile) with an investigating magistrate (juge d'instruction) against their Serb torturers.

Social representations of human rights violations: Further evidence

2001 ◽  
Vol 60 (2) ◽  
pp. 89-98 ◽  
Author(s):  
Alain Clémence ◽  
Thierry Devos ◽  
Willem Doise
Keyword(s):  
Cluster Analysis ◽  
Human Rights ◽  
Costa Rica ◽  
Young People ◽  
Social Representations ◽  
Social Reality ◽  
Questionnaire Study ◽  
Human Rights Violations ◽  
High Tolerance ◽  
Individual Actions

Social representations of human rights violations were investigated in a questionnaire study conducted in five countries (Costa Rica, France, Italy, Romania, and Switzerland) (N = 1239 young people). We were able to show that respondents organize their understanding of human rights violations in similar ways across nations. At the same time, systematic variations characterized opinions about human rights violations, and the structure of these variations was similar across national contexts. Differences in definitions of human rights violations were identified by a cluster analysis. A broader definition was related to critical attitudes toward governmental and institutional abuses of power, whereas a more restricted definition was rooted in a fatalistic conception of social reality, approval of social regulations, and greater tolerance for institutional infringements of privacy. An atypical definition was anchored either in a strong rejection of social regulations or in a strong condemnation of immoral individual actions linked with a high tolerance for governmental interference. These findings support the idea that contrasting definitions of human rights coexist and that these definitions are underpinned by a set of beliefs regarding the relationships between individuals and institutions.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

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