IN SEARCH OF A WORKABLE DIVISION OF LABOR BETWEEN NATIONAL AND INTERNATIONAL CRIMINAL JURISDICTIONS

Abstract

This article deals with the question of the universal application of law from the perspective of necessary division of labor between national and international criminal jurisdictions. Applying international criminal justice fairly enhances its legitimacy, and international criminal law’s procedural aspects also must be fair. The universal application of international criminal law in multiple forums seems to be ensured by means of the proper division of labor between national and international criminal jurisdictions. Recent arguments show that this division of labor between national and international criminal jurisdictions may be properly handled in accordance with seniority criterion, which is the “big fish” versus “small fry” distinction. Lately, the international community has recognized seniority criterion as prosecutorial policy and a jurisdictional threshold, although in a different context, which is at a domestic level when that community tackles with the Somali pirates. The article argues that prosecuting both “big fish” and “small fry” is important for the universal application of international criminal law. In order to achieve this goal and to combat impunity, the feasible division of labor would be pursued with reference to the “big fish” versus “small fry” distinction.

RIGHTS & PERMISSIONS

2014 Higher Education Press and Thomson Reuters