A Preview of the Legislative Practice for Universal Jurisdiction: An East Asian Context.

As a treaty obligation and customary international law, universal jurisdiction is crucial in the global fight against impunity. While Western countries have been at the forefront, actively expanding and developing universal jurisdiction, East Asian countries have adopted a more conservative approach, emphasizing state sovereignty. This article begins by exploring the theoretical construction, legal frameworks, and state practices of East Asian countries (China, Korea, and Japan) when exercising universal jurisdiction, highlighting the typical differences between these countries and Western countries. It is then observed that the passive universal jurisdiction system in East Asia is deficient in defending state interests or counteracting other countries' inappropriate extraterritorial jurisdiction. Accordingly, this article advocates a more proactive approach to the application of universal jurisdiction in East Asian countries. By doing so, while assuming responsibility to prevent impunity, the state can use universal jurisdiction as a legitimate countermeasure and reprisal in reciprocal international relations. [ABSTRACT FROM AUTHOR]