ABSTRACT
This chapter emphasizes human rights violations commonalities. It explores differences in civil and criminal procedure that create both structural obstacles and cultural resistance to civil human rights litigation but also make other options more advantageous than in the United States. The chapter presents an analysis of universal jurisdiction over civil remedies for human rights abuses. It presents a detailed argument for universal jurisdiction over civil human rights claims. The chapter reviews the history and the underlying aims of universal jurisdiction demonstrates that a rigid distinction between civil and criminal remedies is unfounded. It explores the legal and cultural differences that help explain why there have been no core Filartiga cases outside of the United States. The chapter discusses the varied ways in which different legal systems define the relationship between criminal prosecutions and civil claims.
