Document Type : Original Article
Authors
1
PhD Candidate in International Law, Department of International Law, Faculty of Humanities, Hamedan Branch, Islamic Azad University, Hamedan, Iran
2
Associate Professor, Department of Law, Faculty of Law and Political Science, Allameh Tabataba'i University , Tehran, Iran
3
Associate Professor, Department of Law, Faculty of Humanities, Hamedan Branch, Islamic Azad University, Hamedan, Iran
10.48300/jlr.2022.342229.2053
Abstract
Specific developments are taking place in the world; "Populism or demagoguery" in its general sense is increasing in political decisions about social-foreign issues, and despite claims that populists are the real voice of the people, populism neither provides a more credible version of democracy, nor a corrective measure to re-align democracies with public opinions. Populists seek to ensure their stability by removing the four main pillars of democracy, including judicial independence, the political rights of disadvantaged groups, gender equality, and freedom of the press from their positions of power. Since implementing the "Principle of Universal Jurisdiction" in the legal system of countries is an example of judicial independence and achieving justice in international criminal law (domestic and international), and given the increase of international crimes and human rights, less need or less willingness on the part of governments to use this trans-regional principle is observed. This uncovers that populism is seriously undermining justice, human rights, democracy, and the rule of law. The main question is "How universal jurisdiction has been turned into a populist or demagogic institution in international law?" and "What factors have led to the slow implementation of the principle of universal jurisdiction in countries over the past decades to date?". These questions could be answered by analyzing the concepts of universal jurisdiction, its related laws in some countries, as well as evaluating the populism view in the political decisions of governments regarding implementing the principle of universal jurisdiction.
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