Description
How should we understand and evaluate this emerging trend of Syrian conflict-related universal jurisdiction (UJ) proceedings in Europe? This paper advances an alternative normative framework of UJ to the ‘cosmopolitan model,’ in which UJ proceedings are understood as the enforcement of universal values on behalf of ‘humanity’ at large. Rather, the paper formulates a transnational model of UJ in which the normativity of UJ is conceptualised in terms of the host state’s responsibility stemming from the influx of refugee and migrants. This transnational model of UJ emphasizes how prosecution by host states of international crimes that happened in the ‘home’ jurisdiction of refugees and migrants can become a process of ensuring that the host communities are safe and hospitable, providing a means by which the subjecthood and socio-political agency of refugees can be reconstituted. By focusing on the relationship between prosecuting/investigating states and the refugee/victim community that pushes for accountability, the paper postulates that the transnational model not only provides a sense of normative legitimacy and political urgency to UJ prosecutions, but also allows for a more effectively assessment of the potential political effects of UJ prosecutions. Ultimately, the paper suggests that ‘dual model’ of normative theory that is sensitive to both the cosmopolitan and transnational aspects of UJ is necessary to reflect the emerging practice of UJ proceedings and evaluate the normative implications that arises from them.
