El principio de justicia universal: una solución deficiente para la evitación de hechos repugnantes

Abstract

«Universal jurisdiction» has not had the success expected of it in terms of serving to deter and punish heinous criminal behaviour, which contrasts markedly with the notoriety the acts brought to trial have received. The relaxation of due process has not resulted in the expected benefits and any report of the work of the International Criminal Court to date must conclude it could do better. In short, the judicialisation of such cases has not been as positive as expected. The best solution would be the drafting of an international treaty of universal justice that might confer exclusive, as opposed to complementary jurisdiction, on the International Criminal Court, while guaranteeing full cooperation between States on criminal proceedings in the above cases. However, in the face of the difficulties to which this solution might give rise, the door should be opened to alternative dispute resolution and, in particular, to mediation.