The preamble to the 2003 United Nations Convention against Corruption (UNCAC) states corruption “is no longer a local matter but a transnational phenomenon that affects all societies and economies”. Other international instruments such as the African Union Convention on Preventing and Combating Corruption and the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business similarly acknowledge the need for international co-operation to combat corruption and note its corrosive effect on individuals and society. The apparent global unity of perception is not, however, reflected in a unified approach to the jurisdictional basis for tackling the problem.
Should corruption be categorised as an ‘international’ crime – that is, conduct that is in breach of ‘peremptory norms’ and for which universal jurisdiction is appropriate? Is it more effective to implement legislation providing for extraterritorial jurisdiction? Could international tribunals provide a forum for prosecuting and punishing offenders?
