" The universal competence is defined as the competence exerted by a State which continues the authors of certain crimes, whatever the place where the crime was committed, and without regard to the nationality of the authors or the victimes." (Center of international law ULB)
This kind of legal tendency is used to prevent the impunity of serious crimes which would be committed in particularly unstable areas whose inhabitants, citizens of the world, would not profit from adequate legal protection.
The passage of the responsibility for the procedure of the executive towards the legal one neutralizes it by not leaving the responsibility to the political system subjected to the ideological risks of skew.
Obligatory universal competence
Universal competence is obligatory with the eyes of the international law, to a certain extent and for certain crimes only:- war crimes: to seek the suspects present on the territory and to continue them or denounce them with other jurisdictions which will continue them under sufficient loads (Geneva Convention, common Article 49/50/129/146).
- the crimes against humanity must be repressed where they are made. The State of the place of arrest is titular obligation to ensure the continuations if he does not extradite the author towards another State.
- crimes of genocide: only the States where the genocide took place must continue, the other States have of another obligation only that to extradite these authors towards the State of the place of the crime (article VII of Geneva Convention). The jurisprudence of the the International Court of Justice does not limit the obligation which has thus each State to prevent and to repress the crime of genocide territorialement.
Absolute universal competence
In Belgium
A Loi of universal competence was voted unanimously in 1993 and was extended to the crime of genocide in 1999. These laws different notably from universal competence above by three points:- the law applies without consideration of the place where the presumed author can be found,
- the mode of complaint is the simple constitution of civil part,
- immunity does not put fine at the continuations.
This flexibility explains the flood of lodged complaints in Belgium: files of the Genocide in Rwanda (six judgments), of Guatemala, of Chad, the Business Hissène Habré, the business Pinochet, the business Sabred and Chatila , the complaint against the general Tommy Franks of the army of the the United States, for atrocities which would have been made at the time of the invasion of the Iraq, and finally the Bush business.
Following these businesses, Israel recalled its ambassador, and country presses it emitted many criticisms. Donald Rumsfeld, at the time of a speech to NATO, proposed the removal of the seat of the organization of Brussels towards a State of Eastern Europe. Several sources speak about a pressure campaign of the United States on Belgium.
These impassioned reactions, which had with the retranscription of international conventions in national right, can be explained by the feeling why with the authority that behind these people it is a system, or a State in particular which one wants to see condemning.
The diplomatic tensions must be replaced in a context of differences in opinion concerning international justice. The ones seem to be satisfied of a law attached to the country of origin of the victims (law anti-attacks of the United States) and torturers (parliamentary privilege). Others are ready to be subjected to an international law supported by a powerful international justice which would punish certain criminals (without using the Capital punishment).
This law pionnière of June 16th, 1993 relating to " the repression of the grave offenses to Geneva Conventions of August 12th, 1949 and Additional protocols I and II of June 8th, 1977 " had been greeted by certain like a step ahead towards a world democracy. She was voted besides unanimously without thinking that she would unchain passions. In spite of a stormy debate, even within the majority, an alternative majority (CD&V, Vlaams Blok) vote a law on August 1st, 2003 which is limited to the transcription of the letter of the international law in the national right and which authorizes the government to return the complaint in front of the courts of another country. This sudden reversal can be explained by
- the number and the importance of the complaints,
- the desire for not blocking the Belgian diplomacy,
- the fear of reprisals,
- the political will not to harm the image of allied States.
" With its old law of universal competence, Belgium contributed to destroy the wall of impunity behind which the tyrants of the whole world shelter to cover their crimes. It is really regrettable that Belgium forgets, today, the victims for which its legal system represented a hope of justice ". (joint quotation Amnesty International Belgium, the Belgian League of the Human rights, Liga voor Mensenrechten, International federation of the Leagues of Human rights (FIDH), Human Rights Watch and Avocats without Borders)
With the Canada
Canada has a law of universal competence since October 2000, date on which was promulgated the Loi on the crimes against the humanity and the war crimes .The first application of this law was the arrest and the charge of Désiré Munyaneza. This citizen Rwanda is shown to have taken part in the Rwandan genocide in 1994. Its lawsuit is currently held with Montreal, Canada. The unfolding of the lawsuit Munyaneza is followed by GRÉPIH , an organization coed of the Université from Quebec in Montreal (UQAM) .
In France
See also: Genocide (French right)
In Swiss
Switzerland knew an absolute competence universal, which enabled him to consider war crimes committed in ex- Yugoslavia and with the Rwanda. This competence however was repealed have regard to the political and diplomatic problems which it posed.
Some Bonds
external bonds
'' What remains universal competence in the law of August 5th, 2003? '', Prof Dr. Eric DAVID
'' Universal competence in Belgian right '', Center of international law ULB
bond interns
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