By Ian Hewitt
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21 On this account, it would be clear that the joint interest involved in the universal suppression of piracy that Cassese has in mind, whatever else it might be, would not involve the violation of universally recognized human rights and humanitarian considerations. This explanation is clearly not adequate. Through the suppression of piracy, states presumably are also seeking to protect, besides economic interests, values such as security in person and property, which are clearly among the human rights and values laid down by the international community via various international instruments, although it might be a bit anachronistic to say so in relation to piracy.
Thus, justice would require that individuals not enforce their own rights and yield to states or international political entities if the latter are willing and able to exercise their universal jurisdiction to adjudicate these cases more reliably. 30 Nor do we mean necessarily to exclude such a state from doing so when it shows the interest, as well as the capability, to bring justice to these cases. In fact, there may be I have argued for universal jurisdiction in relation to the concern about the impunity of perpetrators of serious harms at much greater length in “Terrorism and Universal Jurisdiction,” 208–14.
It is this approach with which I am taking issue here. I assume that crimes against the international community or humanity as a whole are not victimless crimes in the relevant sense. , in a way that is not reducible to their individual members being better- or worse-off ), that is not what the relevant part of international criminal law is fundamentally about. Take genocide, for example. Even if it is the case that the eradication of an entire ethnic group from the face of the earth makes humanity as a whole worse-off in a nonreductive way, it is the harm done to individuals who are killed, persecuted, or denied their group identity in genocidal acts that is the primary concern for international criminal law.