April 8, 2010
The Principle and Practice of Universal Jurisdiction: PCHR’s Work in the occupied Palestinian territory
The Principle and Practice of Universal Jurisdiction: PCHR’s Work in the occupied Palestinian territory

 

Today, 8 April, the Palestinian Centre for Human Rights (PCHR) presents its new report, ‘The Principle and Practice of Universal Jurisdiction: PCHR’s Work in the occupied Palestinian  territory’. This detailed and comprehensive work on universal jurisdiction is the first one on this topic in the Arab world.

 PCHR releases this report in a timely fashion, while the International Forum entitled “Justice: New Challenges – the Right to an Effective Remedy before an Independent Tribunal” organized by FIDH in Yerevan (Armenia) from 6th to 8th April 2010 is in course.

 

Raji Sourani, the Director of PCHR, is among the list of key personalities and renowned national and international experts invited to participate in the forum. The forum, which is bringing together human rights defenders from the 155 FIDH member organisations throughout the world along with judges of the European Court of Human Rights the Prosecutor of the International Criminal Court and Nobel Peace Prize Laureates, is a unique opportunity to present the work on universal jurisdiction PCHR is doing with its international partners since many years.

 

The 184 page-long PCHR report focuses on the history, theory, and practice of universal jurisdiction; a legal principle which holds that international crimes are of such seriousness that they affect the international community as a whole. As such, national courts – acting as agents of the international community – are granted jurisdiction: they may investigate, try and prosecute those suspected of committing international crimes.

 

In an attempt to shield suspected war criminals from justice, Israel has consistently proved itself unwilling to conduct genuine investigations and prosecutions. Not once in the 42 year history of the occupation have senior Israeli officials been investigated or prosecuted in accordance with the requirements of international law. The Israeli investigative and legal systems serve to promote and protect a culture of pervasive impunity. Given this reality, recourse must be had to mechanisms of international justice. Victims’ legitimate rights to the equal protection of the law and an effective judicial remedy must be upheld. Those responsible for the most serious international crimes must be held to account.

 

In 2002, PCHR first turned to the pursuit of universal jurisdiction. Since then, a number of arrest warrants have been obtained, and PCHR – in cooperation with partners such as Hickman & Rose (UK) and Abogado-Boye (Spain) – have established an international network of committed lawyers. This report shares some of this experience, in order to provide an insight into the practicalities of universal jurisdiction.

 

High profile universal jurisdiction cases, such as that of Pinochet, the Guatemalan Generals, Hissène Habré, and PCHR’s own efforts against senior members of the Israeli military and political establishment, have caught the attention of the media and State officials. The horrific nature of international crimes, and the high political standing of those accused, has given rise to significant controversy, and in some instances an aggravation of intra-State tension. Those prosecuting universal jurisdiction cases have been accused of manipulating international law for political
purposes. In order to refute these allegations, and to inform the debate, this report has a twofold purpose. First, it addresses the principle of universal jurisdiction itself, detailing its underlying motivation, its evolution, and its application in the post-second world war period. It is intended that this aspect of the booklet will explain the purpose and utility of universal jurisdiction, illustrating why such cases are pursued. Second, the legal mechanisms available to Palestinian victims of Israeli violations are examined. This aspect of the booklet draws universal jurisdiction into the Palestinian context, examining the available legal mechanisms in light of the requirements of international law, and illustrating why the pursuit of universal jurisdiction is of such fundamental necessity if victims’ rights are to be protected, and the rule of law upheld.

 

‘The Principle and Practice of  Universal Jurisdiction’ concludes that universal jurisdiction is the only available legal mechanism capable of ensuring Palestinian victims right to an effective judicial remedy. In the broader context, universal jurisdiction is also an essential tool in the fight against impunity. As long as individuals and State are granted impunity, they will continue to violate international law: civilians will continue to suffer the often horrific consequences.

 

Universal jurisdiction is presented as stepping stone on the road to universal justice, whereby the protections of international law may be extended to all individuals without discrimination.

 

An executive summary of the Report is available here, while the full Report can be obtained here. The Arabic version of the full Report will also be available soon on PCHR website.

 

To receive a hard copy of the report, contact [email protected], +(972) 8 2824776/2825893 For further information, contact: Raji Sourani, Director PCHR [email protected]  Daragh Murray, International Legal Officer, PCHR [email protected], +(353)851963490