Si loin, si proche : la légitimité de l'enquête dans les affaires de compétence universelle

Résumé 0

So Far, So Near: The Legitimacy of Investigation in Universal Jurisdiction Cases When an examining magistrate has to investigate crimes committed abroad, not only is the margin for maneuver slimmer than in investigations on the national territory, but also the very legitimacy of the procedure is challenged by the defense, which seeks to prove that the court is invalid. How can examining magistrates recover their freedom of action? Should they rely on evidence supplied by NGOs, which often enjoy more extensive means than they? On the basis of two case studies in universal jurisdiction, the Habré case and the “Butare four” case, the author considers how the logistic support offered by NGOs influences the credibility of an international investigation.