International Criminal Law
160
made the criminal law of that country applicable to drug-trafficking abroad and
regardless of the law of the
locus delicti commissi
. The Supreme Court found Art 6(5)
compatible with international law in the absence of a contrary special treaty provision,
and as implementing Art 36 of the 1961 Single Convention on Narcotic Drugs, which
calls on States parties to ensure that every relevant offence receives appropriate
punishment.
119
In similar manner, national courts have upheld the universality principle with regard
to crimes defined under municipal criminal statutes, for a number of offences, such as
war crimes,
120
crimes against humanity
121
and genocide.
122
These statutes incorporate
into national law the obligations undertaken by a particular treaty.
123
As the
Austrian
Universal Jurisdiction
case has indicated, some States are willing to prosecute offences
under the universality principle not on the basis of their international obligations, but
on a desire to combat impunity or protect prospective future interests, even where the
offences concerned do not violate
jus cogens
norms.
124
Nonetheless, not all countries
are willing to apply the universality principle in every case. In
Re Munyeshyaka,
a French
court asserted that no universal jurisdiction was directly established by the 1949 Geneva
Conventions and that Art 689 of the French Penal Code was not a basis for the
application of universal jurisdiction in the French legal order.
125
Principle 3 of the
Princeton Principles of Universal Jurisdiction rather wishfully asserts the right of
national courts to rely on universal jurisdiction in the absence of national legislation.
Certainly, the application of universal jurisdiction by a domestic court in defiance of
the laws of that country would nullify its judgment as a matter of domestic law. To
reverse this result, it must be proven either that: (a) the judge is applying
unimplemented treaty obligations; or (b) that customary law is automatically
incorporated in the internal law of that country, that the offence in question is subject
to universal jurisdiction, and that the court was applying that rule.
7.7
AUT DEDERE AUT JUDICARE PRINCIPLE
The vast majority of multilateral conventions dealing with international crimes
contain a special clause, through which the
forum deprehensionis
is under an obligation
119 In similar reasoning, it was held in
USA v Marino-Garcia,
679 F 2d 1373 (1982), that USC § 955(a), s 21
gives the federal Government criminal jurisdiction over all stateless vessels on the high seas engaged
in the distribution of controlled substances, noting that this exercise of jurisdiction is not contrary to
international law.
120
Do'stlaringiz bilan baham: