Attachments
1. WHAT IS UNIVERSAL JURISDICTION?
The principle of 'universal jurisdiction' entitles a state to prosecute offenders even in the absence of any link between the crime committed and the prosecuting state. It is based on the notion that certain crimes are so grave that they affect the international community as a whole, and that every state therefore has an interest in prosecuting them. The rationale of universal jurisdiction is to avoid impunity and to prevent those who commit such crimes from finding a safe haven in third countries.
Universal jurisdiction enables all states to fulfil their duty to prosecute and punish the perpetrators of war crimes. The principle of universal jurisdiction is therefore closely linked to the obligation of states to respect and ensure respect for international humanitarian law (IHL) and repress serious violations of IHL.
The Geneva Conventions and Protocol I of 8 June 1977 additional to the Geneva Conventions (Additional Protocol I) require states to adopt legislation that provides universal jurisdiction for certain war crimes – called ‘grave breaches’ – committed during international armed conflicts (i.e. conflicts between states).1 Although universal jurisdiction is not explicitly mentioned in Article 3 common to the Geneva Conventions or in Protocol II of 8 June 1977 additional to the Geneva Conventions (Additional Protocol II), states have a right, under customary IHL, to vest universal jurisdiction for war crimes committed during non-international armed conflicts . Let us look at this in more detail.