ABSTRACT
For Kochler, the notion of universal jurisdiction, which many take to be an uncontroversially beneficial concept, begs important questions about the actual state of the contemporary international order and its legitimacy. First, if universal jurisdiction, which forms the basis of the international criminal justice system, is truly to be the antithesis of what Kochler calls "discriminatory" jurisdiction. Secondly, He argued that the "War on Terror" should still be conceptualized, at least in significant part, in interstate terms. The International Court of Justice (ICJ) would be one and the same, and where such an institution would have been established by the consent of both the victors of World War II and the vanquished. Kochler is attempting to complete that Kelsenian project. Kochler argues that for individuals to be held responsible under international law, we would need a more impartial system of international justice; namely, a Kelsenian system as opposed to the system which we have.
