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Philippine Bar review · Question

Practice question: Universality Principle

Multiple Choice Hard

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?
  1. Yes, all crimes are universally triable
  2. Yes, tourism waives all jurisdictional limits
  3. Yes, any victim’s loss creates universal jurisdiction
  4. Yes, universal jurisdiction eliminates the need for a criminal law
  5. 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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