Crímenes de guerra, justicia universal e inmunidades jurisdiccionales penales de los órganos del Estado

the repression of the war crimes based on the principle of universal jurisdiction is still creating problems when the people implied have the condition of state agents. only when they will have stopped exercising its functions it will be possible prosecuting them over the base of the principle of universal jurisdiction, what results clearly unsatisfactory. for this reason the fight against impunity can not be limited to the establishment of mechanisms based in the international judicial cooperation for punishing the guilty. but also it requires that all the states take measures to obligate the state where the crimes are being committed, to accomplish with all its international obligations. this could include the destitution of the agent implied in one of these graves crimes.