Practice question
A prosecutor invokes universal jurisdiction to prosecute a foreign tourist for an ordinary private theft abroad against a foreigner. The prosecutor identifies no statute or treaty covering that theft and argues that international disapproval of stealing is enough. Is that reasoning sound?
- Yes, all crimes are universally triable
- Yes, tourism waives all jurisdictional limits
- Yes, any victim’s loss creates universal jurisdiction
- Yes, universal jurisdiction eliminates the need for a criminal law
- No, universality is not a general license to prosecute every overseas offense without an applicable legal basis
Legal references
- https://static.un.org/Depts/los/doalos_publications/publicationstexts/UnclosCompendiumEngWeb.pdf — UNCLOS, Articles 101, 105–107
- https://lawphil.net/statutes/repacts/ra2009/ra_9851_2009.html — Republic Act No. 9851, section 17
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