National Judicial Oversight of Foreign Judgments (A Comparative Analytical Study)

The principle of universal jurisdiction gives any State the possibility to exercise its criminal jurisdiction over any person on its territory accused of committing an international crime, regardless of his nationality or the nationality of his victims or the place where it was committed, and the principle of universal jurisdiction finds its roots in a legal text of the laws of Justinian, which determines the conduct taken by the rulers of the empire in the criminal article that grants on the one hand jurisdiction to the court of the place where the crime was committed on the one hand, The jurisdiction of the court of the place of arrest of the accused on the other hand (Judex deprehensions). During the Middle Ages, Italian jurisprudence accepted the status in accordance with the legislation regulating Italian cities to apply the jurisdiction of the city in which the accused is located based on the panic and danger he causes once he is on its territory, Thus, the application of the jurisdiction of the judge of the place of arrest against certain categories of dangerous delinquents is based on panic and the danger posed by the mere presence of the accused of committing one of these crimes to the situation and public order in that territory, as well as other general principles, such as the principle of territoriality, personality and rem and international jurisdiction.