Brief Fact Summary. The judgments of conviction entered in the U.S. District Court for the Southern District of New York on charges relating to a conspiracy to bomb twelve U.S. commercial airliners in Southeast Asia was appealed by Ramzi Yousef (D), Wali Khan Amin Shah (D) and Abdul Hakim Murad (D).
Synopsis of Rule of Law. Where crimes (1) are universally condemned by the community of nations and (2) by their nature occur either outside of a state or where there is no state capable of punishing or competent to punish the crime, then universal jurisdiction arises under customary international law.
We are free to affirm an appealed decision on any ground which finds support in the record, regardless of the ground upon which the trial court relied.
View Full Point of LawIssue. Where crimes (1) are universally condemned by the community of nations and (2) by their nature occur either outside of a state or where there is no state capable of punishing or competent to punish the crime, does universal jurisdiction arise under customary international law?
Held. Yes. Where crimes (1) are universally condemned by the community of nations and (2) by their nature occur either outside of a state or where there is no state capable of punishing or competent to punish the crime, then universal jurisdiction arises under customary international law. Historically, universal jurisdiction is restricted to piracy, war crimes and crimes against humanity and unlike those offenses, “terrorism†does not have a precise definition and has not achieved universal condemnation.
Discussion. State-sponsored terrorism is one of the biggest impediments to defining “terrorism†or acts of state employed to effect coercion. The terrorism that is commonly understood in the United States is not similarly defined in many parts of the world. The courts will be hesitant to impose a definition in situation where the acts of terrorism are a case focus, whether one involving universal jurisdiction or another issue.