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law)
18
does not prohibit a state from exercising jurisdiction over them, wherever they take place and
whatever the nationality of the alleged offender or victim. This is known as ‘universal’ jurisdiction,
although states have generally been reluctant to exercise it in cases where they have no connection
with the persons involved.
19
However, in 2004–5, an Afghan national was tried in London for
torture carried out in Afghanistan between 1992 and 1996. The principle has in recent years been
embodied in universal treaties
20
dealing with terrorism,
21
drug trafficking
22
and corruption.
23
Since
in such cases the principle binds only the treaty parties, it is known as quasi-universal jurisdiction.
In the past, it was questioned whether the parties can agree to extradite or put on trial nationals of
states that are not parties, since no treaty obligation can be imposed on a third state without its
written consent. But application of the principle places no obligation on a third state; the obligation
is on the party in whose territory the person is found. Moreover, the conventions were adopted
within universal international organisations, either by consensus or by thumping big majorities. This
represents a sufficient degree of general acceptance by states that the exercise of such extensive
extra-territorial jurisdiction in these circumstances is not contrary to international law. The principle
in the ten conventions, and in some other universal treaties,
24
has become so well established that it
is now unchallengeable.
Effects doctrine
Some of the principles discussed above clearly have extraterritorial effect in that the state asserts
jurisdiction over persons present, or matters
18. See, for example, genocide, p. 270 above.
19. See paras. 19–65 of the joint separate opinion of Judges Higgins, Kooijmans and Buergenthal in the
Arrest Warrant case, ICJ Reports (2000); ILM (2002) 536; and Reydams, Universal Jurisdiction, Oxford,
2004.
20. Treaties to which all states may become parties.
21. See p. 287 below.
22. Vienna Drugs Convention 1988, 1582 UNTS 165 (No. 27627); ILM (1989) 493; UKTS (1992) 26.
23. See Article 44(11) of the UN Convention Against Corruption 2003, A/RES/58/422; ILM (2004) 37.
24. See Article 7(1) of the Convention Against Torture 1984, 1465 UNTS 85 (No. 24841); ILM (1984)