Home › Features › Essays › The Pitfalls of Universal Jurisdiction

The Pitfalls of Universal Jurisdiction

Henry A. Kissinger
July/August 2001
Summary -- 

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.

We're sorry, but Foreign Affairs does not have the copyright to display this article online.

Related

Response, Sep/Oct 2001
The Case For Universal Jurisdiction
Kenneth Roth

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.

Read
Essay, Jul 1973
One Year After Stockholm
Maurice F. Strong

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."

Read
Essay, May/Jun 2005
"In Larger Freedom": Decision Time at the UN
Kofi Annan

Dealing with today's threats requires broad, deep, and sustained global cooperation. Thus the states of the world must create a collective security system to prevent terrorism, strengthen nonproliferation, and bring peace to war-torn areas, while also promoting human rights, democracy, and development. And the UN must go through its most radical overhaul yet.

Read
Cover image

In the Magazine

November/December 2009 / 6, 88
Essay
In the Quicksands of Somalia
Bronwyn Bruton

Washington's repeated attempts to bring peace to Somalia with state-building initiatives have failed, even backfired. It should renounce political intervention and encourage local development without trying to improve governance.
Read