Democracy Under Arrest
'Universal jurisdiction" sounds like a term plucked from obscure international law journals, but it has pernicious and profoundly antidemocratic consequences in the real world. A British arrest warrant, issued over the weekend in London for former Israeli foreign minister Tzipi Livni, shows precisely why.
The warrant charged Ms. Livni—the current leader of the Knesset opposition—with war crimes allegedly committed by Israeli forces during Operation Cast Lead in the Gaza Strip last winter. Ms. Livni and other Israeli leaders have always staunchly defended their operation against Hamas, and the arrest warrant was withdrawn Monday when it became clear Ms. Livni would not be in Britain as previously scheduled. But the fallout from this misguided warrant will linger long after it fades from the headlines.
Universal jurisdiction originated centuries ago to deal with hostes humani generis ("the enemies of all mankind") such as pirates or slavers, who were not under any state's control but legitimately concerned them all. It has grown explosively in recent years, as self-styled human-rights advocates have pushed to criminalize national actions that they find offensive.
Today's version of universal jurisdiction masquerades as a legal concept, but is in fact a form of political morality. It empowers prosecutions in states with little or even no connection to alleged offenses such as war crimes and gross abuses of human rights. And in many countries, as in Britain, the ability of private citizens to trigger the criminal process only adds to the danger of politicized prosecutions.
When leaders of constitutional, representative governments are targets, there is simply no argument for applying universal jurisdiction. Ms. Livni and her colleagues won free and fair Israeli elections, and were in fact defeated in subsequent free and fair elections. Israel's laws have been adopted by democratically elected Knesset members and enforced by an independent judiciary. If crimes under Israeli law have been committed, they can be prosecuted by Israel's courts. Same goes for the United States.
Augusto Pinochet's 1999 arrest in Britain on a Spanish warrant for offenses committed while overthrowing Chile's Salvadore Allende first brought universal jurisdiction global prominence. But Pinochet's arrest was followed by Belgium's toying with the idea of arresting Donald Rumsfeld for having the temerity to visit NATO headquarters in Brussels. Now Ms. Livni and other Israeli officials involved in recent regional conflicts are subject to potential arrest and trial if they travel beyond Israel's borders.
Click here to read the entire article in the Wall Street Journal.
John R. Bolton is a senior fellow at AEI.
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