Eugene Kontorovich Comments on Universal Jurisdiction Prosecutions by National Courts

Eugene Kontorovich, well known to OJ readers for his work on piracy and universal jurisdiction (both separately and together), has a very interesting post partly responding to discussion here at OJ on universal jurisdiction and proposed legislation on Spain on universal jurisdiction.  It is up over at Prawfsblawg and is a fun, quick read.  Also, here is Eric Posner’s comment, at Volokh: “It is becoming clear that governments are happy enough to enact universal jurisdiction statutes so as to make a show of keeping their treaty obligations—just as long as they don’t have to use them.”  I’m not sure that’s completely true – as I suggested in the earlier universal jurisdiction discussion, a lot depends on what the costs are to using the universal jurisdiction statutes – the US has not moved to impose serious costs in the case of Spain and although I have some anecdotal suggestions from friends in Spain that fear of China’s long term reaction, no matter how mild the official reation today, was enough to provoke a serious re-think by Spanish politicians, it is hard to say with any definiteness.  Of course, that is Eric’s larger point – countries weigh up the costs and benefits.