Law Commons^™

Customary International Law (Cil) And Jus Cogens In An Expanded International Community: Reflection On The Evolution Of International Crimes Subject To Universal Jurisdiction From Third World Perspective, Eberechi Ifeonu

Eberechi Ifeonu

For the African region, universal jurisdiction has become the new face of imperialism. This accusation rests essentially on the increasing expansion in the scope of crimes subject to universal jurisdiction. This paper examines international criminalisation process, with particular focus on the two doctrinal pillars on which the principle’s expansion is predicated – the doctrines of customary international law and jus cogen. It questions the deductive approach currently adopted by some scholars, including some judges of international tribunals, in their determination of the existence of states consent in respect of the emergence of these crimes, as opposed to the traditional …