The Pitfalls of Universal Jurisdiction
The passions aroused by the attempt to extradite Augusto Pinochet highlight the many unresolved issues in the movement to enforce global justice. Widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny -- that of judges.
Henry A. Kissinger, Chairman of Kissinger Associates, Inc., is a former Secretary of State and National Security Adviser. This essay is adapted from his latest book, Does America Need a Foreign Policy? Toward a Diplomacy for the 21st Century.
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Henry Kissinger's criticisms of universal jurisdiction are misplaced and overblown. His alternative to a global "tyranny of judges" would mean impunity for the real tyrants.
Man has the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well-being." He bears "a solemn responsibility to protect and improve the environment for present and future generations." And states have "the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction."
Millions flee persecution and war within their borders. The international community should be ready to act when states fail to protect their own.
