Examining the Principle of Universal Jurisdiction in the Prosecution of Transnational Organized Crimes of Organ Trafficking: A Comparative Study in the Canadian Legal System

Human organ trafficking, as a manifestation of transnational organized crime, poses a serious challenge to the effectiveness of traditional criminal jurisdiction rules based on the principle of territoriality. The main research question is whether the application of limited universal jurisdiction can fill the prosecution gaps of this crime. The present study, employing a descriptive-analytical method and relying on international instruments and an analysis of the Canadian legal system, particularly Bill S-۲۲۳ enacted on December ۱۵, ۲۰۲۲, answers this question. The findings indicate that although organ trafficking does not fall within the traditional framework of universal jurisdiction, Canada's approach based on paragraph ۷(۴.۲) of its Criminal Code, which provides for extraterritorial jurisdiction over crimes committed abroad by its citizens, offers a model for the development of criminal jurisdiction beyond territorial borders—a model that can be examined within the theoretical literature related to universal jurisdiction. The research concludes that the coordinated use of nationality-based jurisdiction and the prohibition of entry of foreign offenders creates significant potential capacity to combat the transnational dimensions of this crime.

کلیدواژه ها:

Universal Jurisdiction ، Transnational Organized Crimes ، Organ Trafficking ، Canadian Legal System