How Israeli soldiers abroad are facing arrest for war crimes in Gaza
In many instances, for a case to proceed, approval is required from the attorney general, who in most countries acts as both a legal authority and a political figure
This dual capacity makes the process for highly political cases more complex as the chief legal officer of a government must authorise the case moving forward
Mark Kersten, an assistant professor in criminal law at the University of the Fraser Valley said,
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“That means countries that are friendly to Israel, even if able to exercise universal jurisdiction, are very unlikely to do so”
The criminal law expert argued that universal jurisdiction cases may progress where there is “no political oversight” allowing decisions to rest entirely with judges and lawyers or in countries that have voiced intent “to hold perpetrators of international crimes to account”
In Kersten's view, for these cases to succeed an ideal synergy of elements like, 1. solid evidence 2. adequate resources 3. impartial judges 4. and non-interference from the state is necessary
Kersten remarked that most states are capable of exercising universal jurisdiction, meaning they can investigate and prosecute certain crimes regardless of where they were committed or the nationality of the perpetrator or the victim as long as the accused is present in the country where a case has been initiated against him
Besides the government oversight obstacle as Kersten explained, another complication is the legal process required to authorise an arrest warrant for an individual temporarily in a foreign country who’s suspected of international crimes
the criminal justice professor emphasised
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“It’s a very short time span to apply for an arrest warrant, have a judge or a government to approve it and act before someone on vacation is notified and can leave the country”
