This four years research program (2011-2014) is financed by the Norwegian Research Council and is executed in co-operation with Institute for Social Research, Oslo. Professor Einarsen directs the legal part of program.

See Various Publications in English or Norwegian.

PLENUMSDOMMENE OM DOMSTOLSPRØVING: KAN BARNETS BESTE INTERESSER VÆRE UNDERLAGT FORVALTNINGENS FRIE SKJØNN? Jussens Venner, Hefte 5 2013, vol. 48, s. 287-319.

Pdf of the article (Terje Einarsen (2013).

(2) THE UNIVERSAL CRIMES PROJECT

The 'Universal Crimes Project' is an independent research program founded by Professor Terje Einarsen.

Its purpose is to contribute to the development of laws and mechanisms relevant to combating grave crimes, in compliance with human rights norms and the underlying public interests of international criminal law and criminal justice.

The first output of the Universal Crimes Project is the book:

The Concept of Universal Crimes in International Law, Torkel Opsahl Academic EPublisher (TOAEP), Oslo, 2012. FICHL Publication Series No. 14 (2012).

For reviews of the book, see: Robert J. Currie, in Journal of International Criminal Justice, Advance Access 2013; Kanya Satwika, in Nordic Journal of Human Rights 01/2013.

A second output is an article drawing on the book:

New Frontiers of International Criminal Law: Towards a Concept of Universal Crimes, Bergen Journal of Criminal Law and Criminal Justice, Volume 1, Issue 1, 2013, pp. 1-21.

'The Concept of Universal Crimes in International Law' is the first book in a four-part series entitled the 'Rethinking the Essentials of International Criminal Law and Transitional Justice'. From its preface:

"Despite the ambiguities of international law in general and international criminal law in particular, serious crimes committed, organised, or tolerated by representatives of different kinds of power structures are now of concern to the world community. These crimes may occur in the context of war or form part of a larger pattern of aggressive behaviour by powerful actors within a society. They are often directly linked to abuse of political or military systems or to an absence of effective state institutions. Such ‘international crimes’, which might also be referred to as ‘universal crimes’ because of their inherent gravity and violation of universal values and interests, are also attacks on the rule of law. They typically constitute transgressions of various social and moral norms, including human rights. Human rights are universal in the sense that every person has and should enjoy them in a modern society. Similarly, no person should be exposed to universal crimes. However, these aspirations do not always correspond to legally binding rights and obligations or to mechanisms of enforcement under current international law. We are still living in an age of uncertainty regarding which specific types of crimes are punishable directly under international law and might also be prosecuted on a regular basis before international courts.

This book is the first in a four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. It concentrates on the concept of universal crimes and the general issues involved in classifying certain offences. Other issues, such as the scope of liability for different kinds of participation in universal crimes and the direct legal consequences of these crimes, are not discussed in detail in this book, but are reserved for later volumes. The forthcoming second volume focuses on punishable participation in universal crimes. The third and fourth volumes shift attention to the legal consequences of universal crimes: book three focuses on accountability and jurisdiction as important aspects of universal crimes, while the fourth and final book in the series is about fair trial in universal crime cases. The basic research ideas underlying this comprehensive universal crimes project have been developed by the author of this book. The other books are to be published in cooperation with other analysts; the next volume will be co-authored with Dr. Joseph Rikhof.

A first research aim of this book is to explore the complex issue of which crimes are covered by international law according to theoretical and historical perspectives, academic debates, the works of the International Law Commission, and legal practice in international tribunals. The second aim is to examine different ways of classifying international crimes and then to develop a set of necessary and sufficient conditions that should be used when defining and classifying punishable crimes under international law. Using these criteria as a framework for identification and evaluation of relevant crimes, the book’s third aim is to compile a comprehensive list of crimes under international law lex lata, followed by crimes lex ferenda that fulfil some, but not all, of the criteria and which might later be elevated to the sphere of lex lata. The enumerative crime definition in this book includes 150 crime types. The final aim is to examine whether it may be useful to gradually replace the concept of international crimes with the concept of universal crimes in further academic analysis and legal debates.

The principal purpose of this study is thus to clarify and specify the concept of universal crimes with a view to providing a common frame-work for understanding important features of the complex field of law concerned with the most serious crimes. Central issues to be explored include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes?

This work is addressed to all with an interest in international criminal law and related disciplines like human rights, humanitarian law, and transitional justice. Hopefully it will prove to be a modest contribution to a more coherent and practical understanding of international criminal law."

Important findings of the first book:

I. Criteria by which to define crimes under international law (see pp. 236-247):

The conduct must manifestly violate a fundamental universal value or interest.
The conduct must universally be regarded as punishable due to its inherent gravity.
The conduct must be recognised as a matter of serious international concern.
The conduct must be proscribed by by binding rules of international law.
Criminal liability and prosecution must not require the consent of any concerned state.

II. Crimes meeting the criteria lex lata or lex ferenda (see pp. 319-328):

Three Classes of Universal Crimes ('Core universal crimes'; 'Other universal crimes against the peace and security of mankind'; 'Universal crimes not dependent on the existence of threats to international peace and security').
10 Universal Crimes Categories (e.g. 'Crimes of Genocide').
150 Universal Crimes Types (e.g. 'Killing with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such').
Of the 150 Universal Crime Types 15 are classified as crimes lex ferenda only and not crimes lex lata.

Terje Einarsen

Professor in Law - Dr Juris - LL.M.

Doctorate in International Law (University of Bergen, 1999)

Master's Degree in International Legal Studies (Harvard Law School, 1989)

Judge (Gulating High Court, 2000-2013)

Head and member of the Human Rights Committee, Norwegian Judges' Association, 2006-2013)

Permanent Member of the Grand Chamber, Norwegian Immigration Board of Appeals (2005-2010)

Selected Publications in English (For selected publications also in Norwegian, choose 'Norwegian' for home page):

NEW FRONTIERS OF INTERNATIONAL CRIMINAL LAW: TOWARDS A CONCEPT OF UNIVERSAL CRIMES, Bergen Journal of Criminal Law and Criminal Justice, Volume 1, Issue 1, 2013, pp. 1-21.

THE CONCEPT OF UNIVERSAL CRIMES IN INTERNATIONAL LAW, Torkel Opsahl Academic EPublisher (TOAEP), Oslo, 2012. FICHL Publication Series No. 14 (2012).

For reviews of the book, see:

Robert. J. Currie, Journal of International Criminal Justice, Advance Access 2013;

Kanya Satwika, Nordic Journal of Human Rights 01/2013.

(1) Migration to Norway - Flows and Regulations.