The Fundamental Standards of Humanity were developed in the 1980s to ensure the protection of individuals in situations where international humanitarian law was not applicable, but derogation of human rights was still possible. To date, there is no binding document that has been adopted that is applicable in situations of internal disturbances and tensions. This article examines whether such a binding document is necessary at all, because developments in international law, especially international criminal law, international humanitarian law, as well as human rights law could have narrowed or closed this gap. Therein, a few provisions are scrutinised as to their applicability in all circumstances.

In the aftermath of the 11 September 2001 attacks the CIA extraordinary rendition programme accelerated and included dozens of states all over the world. Fundamental international standards have been violated. Many individuals have been seriously harmed. Judicial scrutiny of the extraordinary rendition programme commenced in 2003 and is far from approaching the end or even a first respite.

In this summary of European practice Wolfgang Kaleck shows that universal jurisdiction is a legal and social fact that can no longer be denied. He outlines its importance alongside other local and international remedies and proposes to use it as a last resort in cases of impunity. In his essay he provides a survey of more than fifty universal jurisdiction proceedings in European courts, retrieves obstacles and problems and presents alternative and complementary mechanisms to combat impunity.