r cummings et al. on universal jurisdiction - Comment - Israel News | Haaretz Daily Newspaper
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    • lawprof
    • 28.10.09 | 22:31 (IST)

    "European doesn`t quite get it. It is the COURTS that are likely to issue an arrest warrant and try people like Ya`alon, NOT the governments. The two are separate in European countries and the courts generally defend their freedom of action zealously against political pressure" Rubbish. Despite your touchingly naive beliefs to the contrary, even HRW has noted the lamentable state of universal jurisdiction as a practical tool in Europe -- owing to many reasons, but including prosecutorial discretion (which is often linked to foreign policy concerns) and to the limited scope of much of the legislation (in France, you basically need torture as a grounds for proceeding). As a practical example of Europe's willingness to take a stand, consider Belgium, which did indeed have a very strong universal jurisdiction statute until 2003, when it gutted it after strong suggestions from the US and others that it might be wise to remove NATO headquarters from Brussels to a more congenial country.

    from the article: Ya'alon: I'll forgo Europe trips to allow IDF freedom
    First published 12:40 28.10.09 | Last updated 18:38 29.10.09
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