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The Clash Of Obligations: Exercising Extraterritorial Jurisdiction In Conformance With Transitional Justice, Christen L. Broecker

Christen L Broecker

With growing frequency, courts in the United States and Europe have been placed in the unenviable position of being asked to weigh the dictates of international criminal and human rights law against the risk that enforcing that law may ignite conflict or threaten the stability of fragile governments abroad. These States have increasingly authorized the use of extraterritorial jurisdiction to allow their courts to adjudicate civil and criminal and civil disputes stemming from major human rights atrocities committed abroad. Yet as a result, their courts have been confronted with the dilemma of how to enforce the dictates of international criminal …