08 10月 美国商业论文代写-罪犯及管辖
When understanding the concept of erga omnes, it can be inferred that in international context, a separate legal order is not required to acquire jurisdiction over the accused. In fact, the nature of the crime by itself can be understood to mean that they are a crime that the state (or any other country other than the state where the issue happened or whose citizens were affected) could punish. To ensure public order given such a context becomes the duty of any state and it is not really a belonging of a separate country, as such. The rationale was explained by F.A Mann who explained how exceptions in jurisdiction could occur but based on the nature of the crimes, erga omnes. “The second exception [to the general rule that states do not have criminal jurisdiction over crimes committed by aliens abroad] arises from the character of certain offences. This is such as to affect and, therefore, justify and perhaps even compel every member of the family of nations to punish the criminal over whom jurisdiction can in practice be exercised”.
The very nature of these crimes is such that they warrant criminal prosecution. The crimes involved here do not require a treaty or a universal jurisdiction principle in order to be suppressed and convicted. Some of them are the trafficking of women, children abuse situations, narcotics and more. These and the other inhuman acts in the form of killing and genocide do not require a separate treaty for prosecuting the accused. The accused in his actions could be said to be attacking the entire international order. In the Eichmann Case, Mann states the crime is one that has worked against humanity everywhere and not just the nation state in which it was committed.
Therefore, Israel would be entitled to exercise international jurisdiction in the case. This entitlement does not occur because Israel has invested interest in the case, but because the crime of Eichmann is of such a nature (erga omnes) then it becomes possible that the state could exercise the universal Jurisdiction principles in this case. So the erga omnes would matter. This was a case where Eichmann was charged with inhuman crimes. The crimes were acts against the Jewish people in the country. Eichmann was in Argentina and was brought to Israel without the consent of the Argentinian Government.