ABSTRACT

Prior to the Holocaust it was widely accepted, whether explicitly or implicitly, that historical and cultural differences between continents and nations precluded the development of common international values and norms. In the Charter the expression was used to cover the massive and systematic war crimes committed by the Nazis. The idea gained currency that those crimes were so egregious and shocking that they constituted crimes not only against the immediate victims or their families and not only against the people in the country in which they were perpetrated. Universal jurisdiction provided the judges of Adolph Eichmann with an answer to one of his defenses, asserting that the State of Israel, which had indicted him, was not in existence at the time his crimes were alleged to have been committed. The United States has for decades jealously guarded its sovereignty and claimed the right to object to its citizens being tried by foreign courts or international tribunals.