Published online by Cambridge University Press: 27 February 2017
1 Kissinger, Henry A., The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny, Foreign Aff., July/Aug. 2001, at 86 (2001)CrossRefGoogle Scholar.
2 The recommendation is available online at <http://www.abanet.org/leadership/2004/recommendations/103a.pdf>. As I was finalizing this review, I became aware of a new collection of essays on the subject—Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes Under International Law (2003), edited by Macedo, Stephen, chair ofthe project that formulated The Princeton Principles on Universal jurisdiction (2001), at <http://www.princeton.edu/~lapa/unive_jur.pdf>Google Scholar. My review ofthe Macedo volume, which will appear in a subsequent issue of the Journal, will give close attention to the recent, significant shift in Belgian law relating to the subject at hand, see Ratner, Steven R., Belgium’s War Crimes Statute: A Postmortem, 97 AJIL 888 (2003)CrossRefGoogle Scholar (editorial comment).
3 S.S. Lotus (Fr./Turk.), 1927 PCIJ (ser. A) No. 10.
4 Traction, Barcelona, Light and Power Co., Second Phase, 1970 ICJ Rep. 5, 64 (Feb. 5) (Fitzmaurice, J., sep. op.)Google Scholar.
5 Attorney General of Israel v. Eichmann, 36 ILR 18 (Isr. Dist. Ct. Jerusalem 1961), affd, 36 ILR 277 (Isr. Sup. Ct. 1962).
6 Reydams examines my article “Universal Jurisdiction Under International Law,” 66 Texas L. Rev. 785 (1988), which, revised, became chapter 8 in my book Federal Courts and the International Human Rights Paradigm (1990). Reydams (compare pp. 38–42 with p. 219) seems to equate my view with the U.S. position. My work focused on civil litigation, however, and did not necessarily advocate for criminal prosecutions in absentia.
7 See, e.g., Belgium’s Top Court Dismisses War-Crimes Case Against U.S. General, Agence France-Presse, Jan. 14, 2004, 2004 WL 63697841. Belgian law pertaining to universaljurisdiction has evolved rapidly over the past few years. See supra note 2.
8 My previous work analyzed the rights and obligations of nonparties to the multilateral conventions. See supra note 6.