The universality principle constitutes one of the most debated doctrines in international criminal law, premised on the recognition that certain offences are hostis humani generis and thus of concern to the entire international community. This article interrogates the essence of the principle by tracing to its codification in contemporary international criminal law. It argues that universality reflects both a moral imperative and a jurisdictional device for combating impunity, particularly in relation to genocide, crimes against humanity, war crimes, torture, and other crimes that shock the conscience of humanity. Nonetheless, its exercise raises significant legal and political dilemmas, including tensions with state sovereignty, jurisdictional overreach, immunities of state officials, and the risk of politicisation in its selective invocation. By critically engaging with jurisprudence, and treaty practice, the article demonstrates that the universality principle remains indispensable to the architecture of international criminal justice, while underscoring the necessity for its principled, consistent, and non-selective application. The study concludes that a nuanced understanding of universality is essential not only for strengthening accountability but also for preserving the legitimacy and coherence of the international criminal justice system.
Hagler Okorie (Wed,) studied this question.
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