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Scope and Application of Universal Jurisdiction - Essay Example

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"Scope and Application of Universal Jurisdiction" paper argues that universal jurisdiction in international law allows a state without extraterritorial or national competence to try a criminal in its custody. Sovereign states should be allowed to take care of their criminals.   …
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Scope and Application of Universal Jurisdiction
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A good example is when President Alberto Fujimori who ruled the country from 1990 to 2000 was found guilty of grave violation of human rights by the Peruvian Supreme Court. The conviction and prosecution of the president in the country indicated that the country was able to deal with crimes of such levels. The verdict aimed at achieving accountability after the crimes committed in the country and the globe (Giddens & Thomas, 30). Cases of grave human rights violations have often been presented at the international criminal court based on the absence of effective judiciary systems in the member states.

The trial of the former Peru president was successful despite the many challenges. The trials of heads of state such as Slobodan Milosevic and Charles Taylor have taken place in the international court. However, Peru’s approach indicates that national governments can be able to prosecute former leaders by putting a unique and highly competent judiciary system in place (Lee, Ambrose, 70). Topic B: Transboundary conflict on the consequence of resource utilization in one of the states using the second principle of the Rio Declaration targeting sharing and management of transboundary resources, States have, by the principles of international laws and charter of the united nations, the sovereign rights to extract and exploit their resources under their own developmental and environmental policies, and the responsibilities of ensuring that activities within their control and jurisdiction do not cause harm to the environment of neighboring states and beyond.

Political borders are drawn on natural resources and environments that overlap with one another. Such resources are often extracted for developmental gain although sometimes it may result in consequences such as pollution (Kauffer, 40). The consequences of extraction may cross the political boundary set and affect the neighboring states. Peruvian people and boundaries have to be protected from the effects of resource extraction in the neighboring countries such as Brazil and Bolivia. The activities of Bolivia’s government on Lake Titicaca should not cause harm to the state of Peru and the population.

The general assembly’s 6th committee should come up with more appropriate ways of preventing transboundary harm among neighboring countries. Neighboring countries should cooperate when assessing transboundary resources. States should ensure that the extraction of an individual resource does not impact negatively a neighboring state. States should be responsible for the harm resulting from the extraction of transboundary resources toward the neighboring state. According to international laws, no state has a right to permit or use resources found in its territory without focusing on the consequences of its action on the other state (Dombrowsky, 135). 

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