This article discusses several jurisdictional principles which may assist the United States in its efforts to acquire jurisdiction in certain situations that are declared, by the United States, egregious enough to warrant intervention. The United States has long used the "effects doctrine" 1 to assert extraterritorial jurisdiction. This article concentrates on developing and employing the Hostes Humani Generis Theory 2 and its past and possible future use. The central focus is to determine whether the possibility exists that the United States may use the theory in an effort to acquire physical jurisdiction over Saddam Hussein.
A survey, though not comprehensive, of U.S. activity and approach to justice under the auspices of the Hostes Humani Generis Theory or parallel theories and the tools used to effect its edicts is also developed. 3 The lack of proper fora to pursue international disputes, the need for and efforts to develop a supranational tribunal, 4 and international reaction, lack of support and defiance to this activity, 5 are also critiqued. Finally, a conclusion is drawn that highlights U.S. aggressive use of the Hostes Humani Generis Theory in the extraterritorial context and the continued overt lack of support from the international community. Several suggestions are detailed to curb continued use of the United States' extraterritorial jurisdiction under the theory of Hostes Humani Generis or other parallel approaches 6.
Wu, Edieth Y.
"Saddam Hussein as Hostes Humani Generis? Should the U.S. Intervene?,"
Syracuse Journal of International Law and Commerce: Vol. 26
, Article 5.
Available at: https://surface.syr.edu/jilc/vol26/iss1/5
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