El principio de jurisdicción universal: estado actual y perspectivas de evolución

Abstract

Universal Jurisdiction (UJ) is a controversial legal concept that, in recent years, has evolved in two opposing directions: on the one hand, we have witnessed the progressive incorporation and consolidation of this principle into many domestic legal systems while, on the other, we have seen its restriction and gradual denaturalization in other domestic legal systems. The second of the directions taken is the result of policy reforms designed to limit and control the exercise of UJ, the regulatory and jurisprudential obstacles derived from immunities under international law, the effects of transitional justice mechanisms and political interference. By contrast, the progress enjoyed by UJ, in the first direction taken, is attributable to a change of perspective aimed at a comprehensive understanding of the phenomenon, characterised by the progressive globalization and regionalization of UJ, which are conditions sine qua non for endowing the mechanism with the necessary legitimacy to fight crime. From this perspective, despite facing certain setbacks (such as the changes in Spanish law), a paradigm shift has occurred that shows the progress made by UJ and the broader commitment to the fight against impunity.