Arrest warrant case universal jurisdiction. Belgium), judgment of February 14, 2002, ICJ Reports 2002.

Arrest warrant case universal jurisdiction. It does not, therefore, include complaints that victims, lawyers or NGOs filed under universal jurisdiction with national authorities that did not result in the opening Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. 3 This principle is said to derogate from the ordinary rules of criminal At the close of the ICJ's Arrest Warrant case,2 it remained an open question whether international law permits the initiation of a universal criminal jurisdiction action in absentia. Because the principle of universal jurisdiction relies on national authorities to enforce international prohibitions, pivotal decisions are expected to reflect domestic decision-makers’ positions The case is also significant for the discussion by several judges on universal jurisdiction as well as remedies available to the parties. The arrest warrant was issued under a Belgian law (Belgian Law) that establishes its universal applicability and the universal jurisdiction of the Belgian courts in relation to alleged grave violations of international humanitarian law regardless of where they were committed, the presence of the accused in Belgium, or the nationality or legal status of either the victim/complainant or the Name of the Case: Arrest Warrant of 11 April 2000 (Democratic Republic of Congo vs Belgium) Court: International Court of Justice Year of the decision: 2002 Overview: Belgium issued and circulated internationally, an arrest warrant against the incumbent Foreign Minister of Congo, based on universal jurisdiction. I call on police forces everywhere to act on these arrests warrants as soon as they are issued,” said Tun Khin. Mr. However, this does not preclude any definition, which embodies the essence of the concept as the ability to exercise jurisdiction irrespective of territoriality or nationality. The Belgium law also denotes It is widely accepted that universal jurisdiction is a “reserve tool” in the fight against impunity, to be applied where “the justice system of the country that was home to the violations is Feb 14, 2002 · The Court observes that in the present case it thus may not rule, in the operative part of its Judgment, on the question whether the disputed arrest warrant, issued by the Belgian investigating judge in exercise of his purported universal jurisdiction, complied in that regard with the rules and principles of international law governing the "Arrest Warrant Case (Democratic Republic of the Congo v Belgium)" published on by Oxford University Press. Apr 25, 2025 · The ICJ in the Arrest Warrant case underscored the tension between universal jurisdiction and personal immunity, noting that even if a state may exercise universal jurisdiction, it cannot do so in violation of immunities accorded under international law. Belgium)* - Volume 41 Issue 3 State that has had controversial legislation in this regard is Belgium. In turn, the DRC withdrew its submissions concerning universal jurisdiction, claiming only the violation of absolute inviolability and immunity from criminal process of incumbent foreign ministers. It critiques the interpretations of the judges, arguing that their views reflect a misunderstanding of the principles of national criminal jurisdiction, particularly regarding the May 31, 2024 · 1. 423 The first successful prosecution under The exercise of universal jurisdiction in cases involving crimes under international law remains highly debated and underlines a certain number of legal and political issues in its implementation. Dec 16, 2012 · There is generally no agreed doctrinal definition of universal jurisdiction in customary and conventional international law. Comparatively little attention has been paid to The principle of universal jurisdiction is classically defined as ‘a legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime and the nationality of the perpetrator or the victim’. 4 In this case, the Court had the opportunity to take an authoritative stance on, and to contribute to the development of, two Apr 9, 2025 · On 28 June 2024, Argentine Prosecutor Guillermo Marijuán asked the federal criminal court in Buenos Aires, Argentina to order international arrest warrants against 25 Myanmar government officials for the crime of genocide and crimes against humanity committed against the Rohingya community between 2012 and 2018. This is the first time that public warrants have been issued in a universal jurisdiction case adju However, in the Arrest Warrant Case (2002), President Guillaume argued that universal jurisdiction in absentia is not recognized under customary international law, stating that piracy remains the only crime traditionally subject to universal jurisdiction. In the present case, “the situation which would, in all probability, have existed if [the illegal act] had not been committed” cannot be re-established merely by a finding by the Court that the arrest warrant was unlawful under international law. The Mechanism has a mandate to support universal jurisdiction cases that concern serious international crimes committed in Myanmar through sharing evidence and analysis with relevant investigative, prosecutorial or judicial authorities, as long as the jurisdiction in question provides basic guarantees for a fair trial that meets international the Case concerning the arrest warrant of 11 April 2000. 1 For example, international crimes such as genocide, war crimes, crimes against humanity The right of States to vest universal jurisdiction in their national courts for war crimes is supported extensively by national legislation. Article 7 of the Belgian Law provides that “The Belgian courts shall have jurisdiction in respect of the offences provided for in the present Law, wheresoever they may have been committed”. COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES AFFAIRE REILATIVE AU MANDAT D'ARRÊT DU II AVRIL 2000 (RÉPUBLIQUE DÉMOCRATIQUE DU CONGO c. The wide use of this notion in the media, [1] observations by States, [2] reports from several organisations, [3] discussions in the United Nations General Assembly, [4] as well as in Feb 4, 2022 · The plaintiffs plead the principle of universal jurisdiction contained in article 118 of the Argentinian constitution and developed in article 5 of Law 26,200/06 to sustain Argentina’s jurisdiction and seek justice. BROUK’s complaint alleged genocide and crimes against . The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the ‘fight against impunity’ and the principle was read as an important Sep 15, 2011 · Offences covered by universal jurisdiction include certain war crimes, torture and hostage-taking and, under UK law, anyone can apply to the courts for an arrest warrant to ensure those guilty of The initiation of criminal proceedings by European courts has generally been welcomed by the state where the crime was committed. Users without a subscription are not able to see the full content. This chapter gives an opinion on the case. Abdulaye Abdulaye Yoridia Yoridia Ndombasi. The following article focuses less on the various judges Nov 1, 1998 · On the night of October 16, 1998, London police arrested Gen. 4 Judges Ranjeva,5 Rezek,6 and Bula-Bula7 similarly asserted that universal jurisdiction in Oct 16, 2023 · With the "Pinochet Precedent," the principle of universal jurisdiction can provide justice for victims of other dictatorial regimes. The exercise of universal jurisdiction has acquired a strong legal basis in customary and conventional international law, as it has in national legislations. Sep 1, 2004 · Abstract Academic analysis of the Arrest Warrant case in the International Court of Justice has tended to focus to date on the Court’s judgment on immunity. Universal jurisdiction is not destined to be a mockery, for some of the same reasons that we do not think that domestic jurisdiction in criminal cases, for all its limitations, is a mockery. The first section will also show that there is a Oct 15, 2018 · Reviewing 58 cases involving 126 individuals, the study shows a sharp increase in the number of cases brought to court based on the principle of universal jurisdiction. Strengthening the ICJ Case Aug 6, 2009 · In its oral submissions, the Congo stated that it was not opposed to the principle of universal jurisdiction per se. The increase in universal jurisdiction proceedings in recent years is promising but there are still fundamental challenges that must be 2 Universal jurisdiction remains exceptional given that criminal law is in principle territorial for reasons pertaining to its functions and the practicalities of its implementation (see Criminal Jurisdiction of States under International Law). This is the first time that public 13 Arrest Warrant Case, Dissenting Opinion of Judge Van Den Wyngaert, supra note 2 at para. BELGIQUE) INTERNATIONAL COURT OF JUSTICE IiEPORTS OF JUDGMENTS, ADVISORY OPINIONS AND OItDERS CASE CONCE,RNING THE ARRE ST WARRANT OF 11APRIL 2000 (DEMOCRATIC REPUBLIC OF THE CONGO v. Comparatively little attention has been paid to the question of universal jurisdiction, as discussed in detail in most of the separate and dissenting opinions and declarations. A recent report by the International Center for Transitional Justice states: “Although the numbers of universal jurisdiction cases are tiny compared to the number of criminal cases opened, there is nonetheless great value in each case for the global fight against impunity. Belgium) Judgments Judgment of 14 February 2002 Procedure (s):Questions of jurisdiction and/or admissibility Available in: English French Bilingual Feb 17, 2009 · On 14 February 2002, the International Court of Justice (the Court) delivered its judgment in the case concerning the Arrest Warrant of 11 April 2000. This emerging legal concept recognises that certain grave international crimes can be prosecuted by a state's domestic courts in the absence of any connection between the prosecuting state and the crime charged. Belgium issued the warrant based on universal jurisdiction for war crimes and crimes against humanity allegedly committed by Yerodia. Google Scholar See, for example, D. Augusto Pinochet. I. The immunities of high and low ranking officials will be described in the first section. Several arrest warrants were issued against the inner circle of Syrian President Bashar al-Assad in France and in Germany. Belgium), judgment of February 14, 2002, ICJ Reports 2002. Feb 22, 2024 · These notable domestic cases reflect the evolving application of universal jurisdiction in international criminal law, reinforcing the principles of accountability and global justice. The former Gambian Minister of the Interior is awaiting trial in detention in Switzerland. The case, under the principle of universal jurisdiction, was first initiated Feb 14, 2025 · On 13 February 2025, an Argentine judge, Hon. Mar 1, 2005 · Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. The decision by the ICJ in the Yerodia/Arrest Warrant case held that serving heads of state, heads of government and foreign ministers enjoy a broad personal immunity from the jurisdiction of foreign domestic courts, including immunity from prosecution for international crimes. With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The question of the admissible extension of a state's criminal jurisdiction could have been laid to rest by the International Court of Justice (ICJ) in the case of the Arrest Warrant of April 11, 2000, issued by the Democratic Republic of Congo (DRC) against Belgium. ARREST WARRANT OF 11 APRIL 2000 (DEMOCRATIC REPUBLIC OF THE CONGO V BELGIUM)* THE INTERNATIONAL COURT OF JUSTICE’S FAILURE TO TAKE A STAND ON UNIVERSAL JURISDICTION Article Title CONTENTS I Introduction and Facts of the Case II The Relief Requested and the Order on Provisional Measures III The Court’s Judgment IV The Separate and Dissenting Opinions A The Opinions Not Dealing with the Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. At the time, Yerodia was the Foreign Minister of the Congo. Marìa Romilda Servini de Cubria, issued arrest warrants for 25 Myanmar military and civilian officials, including Commander-in-Chief Min Aung Hlaing and Deputy Commander- in-Chief Soe Win, for allegedly committing genocide and crimes including aggravated murder, sexual abuse, and torture against the Rohingy. Abdulaye Yerodia Ndombasi failed to respect the immunity from criminal jurisdiction and the inviolability which the incumbent Minister for Foreign Affairs of the Congo enjoyed under Jul 4, 2024 · On 28 June 2024, Argentine Prosecutor Guillermo Marijuán asked the federal criminal court in Buenos Aires, Argentina to order international arrest warrants against 25 Myanmar government officials Dec 4, 2009 · Cedric Ryngaert, The International Criminal Court and Universal Jurisdiction: A Fraught Relationship?, New Criminal Law Review: An International and Interdisciplinary Journal, Vol. Feb 28, 2021 · Another famous case was Britain’s arrest of Gen. The ICC is already investigating the situation in Palestine and could potentially add genocide charges to existing arrest warrant applications. They were acting on a Spanish warrant charging the former dictator with human rights crimes committed in Chile Update: The Universal Jurisdiction Case Against Myanmar Oficials Argentina Court Issues Arrest Warrants Against 25 Individuals d crimes including aggravated murder, sexual abuse, and torture against the Rohingya. R. Akande, American Journal of International Law 2004, p. [5] There have also been a number of cases of suspected war criminals being tried by national courts on the basis of universal jurisdiction. These limitations make the opportunities that are available for individual criminal accountability— particularly the investigation by the ICC Office of the Prosecutor (OTP) —all the The article investigates the complex concept of universal jurisdiction in international criminal law, drawing on the separate and dissenting opinions from the International Court of Justice's Arrest Warrant case. This has led to arrest warrants being issued for high-profile foreign politicians such as Tzipi Livni for private prosecution for war crimes, even where there is a high chance that the Attorney General’s consent to Apr 25, 2023 · In response, Congo asked the ICJ to quash the arrest warrant because it violated the foreign minister's diplomatic immunity. It was sent to the UK authorities and, early the next day, Pinochet was placed under arrest. The subsequent downtrend may have been in no small measure due to the cautious Judgment in that case. 1 Estonia followed suit, stating Jun 30, 2025 · 2 Universal jurisdiction remains exceptional given that criminal law is in principle territorial for reasons pertaining to its functions and the practicalities of its implementation (see Criminal Jurisdiction of States under International Law). Crimes prosecuted under universal jurisdiction are considered crimes Aug 9, 2025 · On 16 October 1998, the arrest of Augusto Pinochet in a London clinic caused a worldwide media impact. Jan 25, 2025 · Learn the legal process and steps involved in obtaining a warrant, from jurisdiction to judge review and final issuance. Apr 11, 2000 · Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. 12, No. These cases further cemented the idea of universal jurisdiction as more states began to adopt and exercise this doctrine. Belgium) and set out guidelines for the scope and application of universal jurisdiction. National laws define prohibited conduct as criminal offences to preserve public order. The endless obscurity of universal jurisdiction The past few years have revealed the growing excitement, interest and appreciation for universal criminal jurisdiction (henceforth, universal jurisdiction). Apr 11, 2000 · Thus in the present case the Court may not rule, in the operative part of its Judgment, on the question whether the disputed arrest warrant, issued by the Belgian investigating judge in exercise of his purported universal jurisdiction, complied in that regard with the rules and principles of international law governing the jurisdiction of Jun 26, 2024 · The Paris appeals court has ruled that an international arrest warrant for Syrian President Bashar Assad issued by France for alleged complicity in war crimes during Syria’s civil war is valid and remains in place. Oct 16, 2013 · On 15 October, Garcés’ team filed a motion for a Pinochet’s arrest warrant before the Spanish National Court to extradite him to Spain to stand trial. The Belgian Arrest Warrant Case involved a dispute between Belgium and Congo regarding an international arrest warrant issued by Belgium against Congo's incumbent Foreign Minister, Yerodia. Universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. [6] Over the last decade, several persons have been tried by national courts for war crimes committed in non Nov 8, 2011 · The arrest warrant relied on universal jurisdiction—a principle first used against perpetrators of crimes against the Jewish people, during the Eichman case in Israel. I. 79 The court stated, “ [t]he Court Here, by the title of this topic, we implicitly distinguish between universal criminal jurisdiction and universal civil jurisdiction. The Belgian law provides for universal jurisdiction in the case of grave breaches of the Geneva Conventions, crimes against humanity and other serious offenses. Therefore, the concept of universal jurisdiction applies to a situation where “the nature of Universal jurisdiction in absentia allows states to prosecute crimes committed outside their borders without the accused present, but it raises significant legal challenges regarding state sovereignty and enforcement. The Pinochet case, although not the first case to be based on universal jurisdiction in Europe, became a landmark case for universal jurisdiction. 498-512 Whether a Minister of Foreign Affairs, when abroad, enjoys full immunity and inviolability from criminal jurisdiction for war crimes or crimes against humanity, and whether the mere issuing of such an arrest warrant fails to respect such immunity and inviolability. The present report reviews cases brought under three grounds of extraterritorial jurisdiction: the principle of universal jurisdiction and the principles of active and passive personality. 589-591 and Universal Jurisdiction; Clarifying the Basic Concept, Roger O’Keefe, 2 Journal of International May 10, 2024 · Universal jurisdiction enables the prosecution of extraordinary crimes through ordinary means. In its Judgment of 14 February 2002, the Court rejected the objections raised by Belgium and declared that it had jurisdiction to entertain the application of the DRC. 4. 407 at pp. The Arrest Warrant case (ICJ, 2002) underscored this ambiguity, with several judges expressing differing views on whether universal jurisdiction exists under customary law without treaty support. Apr 24, 2012 · In March, precisely ten years after the Arrest Warrant case, a South African Court heard a landmark case on the domestic prosecution of international crimes which raises the issue of whether domestic proceedings may be initiated under the principle of universal jurisdiction with regard to persons outside South Africa. In this case, the Court had the opportunity to take an authoritative stance on, and to contribute to the development of, two major questions in the field of immunities and jurisdiction of contemporary international law: do Ministers for Foreign COUR INTERNATIONALE DE JUSTICE RECUEIL DES ARRÊTS, AVIS CONSULTATIFS ET ORDONNANCES AFFAIRE REILATIVE AU MANDAT D'ARRÊT DU II AVRIL 2000 (RÉPUBLIQUE DÉMOCRATIQUE DU CONGO c. Shaw, International Law, fifth edition, Cambridge University Press, Cambridge, 2003, p. YIL 27 (2002–2003). It challenged the latter's issuing of an international arrest warrant for a DRC citizen suspected of war crimes and crimes against humanity allegedly committed on the territory of the DRC. For example, the a French Minister explained his opposition to a proposed amendment to the French Penal Code allowing for universal jurisdiction in absentia in the following terms, “[e]n effet, si l’on retenait sa proposition, nombre des victimes vivant en France While the use of universal jurisdiction is limited, it is growing. Universal jurisdiction and the absence of immunity for crimes against humanity This paper sets forth Amnesty International’s position on two of the legal issues involved in the appeal to the House of Lords of the judgment by the English High Court of Justice, Queen’s Bench Division on 28 October 1998 in the cases, In the Matter of an Application for a Writ of Habeas Corpus ad Subjicendum New Zealand recognises universal jurisdiction as a well-established principle of international law, which entitles any State to prosecute the most serious crimes of international concern in its Feb 14, 2025 · Argentina court calls for arrest warrant for Myanmar junta chief Another 22 military officials were charged on counts of genocide against the Rohingya people. The crimes The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes. Aug 12, 2024 · 87. In making this finding, the Court relies on the proposition enunciated in the Fuctory ut Chorzoiv case pursuant Feb 14, 2025 · This is the first time that arrest warrants have been issued against the Myanmar military anywhere in the world. Many commentators had hoped that the International Court of Justice would have clarified the situation in the Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Relying on this law, a Belgian judge issued an international arrest warrant for the foreign minister of the D. In paragraph (3)of the dispositij;the Court " [fjinds that the King- dom of Belgium must, by means of its own choosing, cancel the arrest warrant of 11 April 2000 and so inform the authorities to whom that warrant was circulated". However, although recognised by numerous Jul 16, 2019 · This chapter addresses the immunities under international law of State officials from proceedings before the icc and from national proceedings enforcing an icc arrest warrant emanating from a situation referred under Article 13 (b) of the Rome Statute. Apr 14, 2015 · Some argue that universal jurisdiction is available under customary international law to prosecute all international crimes; others feel its limited to crimes that are prohibited under Jus Cogens norms (See Pinochet case and the Belgium Arrest Warrant Case). Following the International Court of Justice's judgement of 14 February 2002 in the Arrest Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. For the latter, the Court called upon Belgium to withdraw the arrest warrant since its mere issuance caused a moral injury to the Democratic Republic of Congo, therefore requiring restitution. The Opinions Dealing with the Substance of Universal Jurisdiction Analysis INTRODUCTION AND FACTS OF THE CASE On 14 February 2002 the International Court of Justice (‘ICJ’) gave its decision in the case brought by the Democratic Republic of the Congo (‘DRC’) against Belgium, challenging the latter’s issuing of an international arrest warrant for a DRC citizen suspected of war crimes Nov 1, 2010 · Abstract This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. The exercise The Opinions Dealing with the Substance of Universal Jurisdiction Analysis INTRODUCTION AND FACTS OF THE CASE On 14 February 2002 the International Court of Justice (‘ICJ’) gave its decision in the case brought by the Democratic Republic of the Congo (‘DRC’) against Belgium, challenging the latter’s issuing of an international arrest warrant for a DRC citizen suspected of war crimes Apr 15, 2024 · This has been the case in the procedure, summarised in the review, against former Syrian vice-president Rifaat al-Assad, whose international arrest warrant was issued 10 years after a criminal complaint was filed against him in Switzerland. It has been researched and written by UpRi Photo credits: Israeli warplanes target Palestine Tower in the center of Gaza City, Photo by Bashar Taleb, 7 October 2023 TABLE OF CONTENTS Due to political pressure from the US, the controversial universal jurisdiction legislation of Belgium has been amended. C. Universal Jurisdiction Annual Review 2025 #UJAR SS. Although efforts to apply universality to end impunity reached their peak in the 1990s, the International Court of Justice’s failure to squarely address this jurisdictional issue in the Case Concerning the Arrest Warrant of 11 April 2000 (Arrest Warrant case), [1] as Numerous countries have announced their intention to domestically prosecute crimes being committed following Russia’s invasion in Ukraine using their version of universal jurisdiction. 65 As a result, it became a prominent actor in the State practice of absolute universal jurisdiction; illustrated by its role in the ICJ’s Arrest Warrant case. Yerodia. Feb 27, 2025 · Although arrests and trials remain uncertain, a major legal step has been taken. Such prosecutions in England and Wales require the consent of the Attorney General, but currently this consent does not have to be obtained before a warrant for arrest is issued. The most promising cases before the Spanish courts involved Guatemala and Peru. 409–410. Complainants It deals with the jurisdiction element of universal jurisdiction in an unspecified manner. Feb 14, 2025 · They are now essentially international fugitives, hiding from the law for the atrocities they are responsible for. In early March 2022, Germany confirmed that it had commenced an investigation into international crimes being committed in Ukraine under the principle of universal jurisdiction. This arrest marked a milestone in international criminal law, testing Feb 14, 2002 · M. Sep 9, 2023 · Argentina Court Considers International Crimes Against Rohingya On 26 November, 2021, the Second Chamber of the Federal Criminal Court in Buenos Aires launched a universal jurisdiction (UJ) case against Myanmar authorities for the Rohingya genocide, following a complaint filed by Burmese Rohingya Organisation UK (BROUK) in November 2019. Investigations are ongoing in Austria against oficials of the Myanmar is also not a State Party to the Rome Statute (“Statute”), and few States in the region have enabling legal frameworks for universal jurisdiction. Apr 11, 2000 · International Court of Justice (ICJ): Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. 56 [hereinafter Van Den Wyngaert]. The case in Argentina is the first universal jurisdiction case anywhere in the world concerning the Rohingya genocide. op. We are asked to advise on the customary international law position regarding “universal jurisdiction”. 4 In this case, the Court had the opportunity to take an authoritative stance on, and to contribute to the development of, two major questions in the field of immunities and jurisdiction of The concluding arguments suggest that while the extension of universal jurisdiction to international crimes through the piracy analogy and the gravity argument have been significant in the development of international criminal law, it is no longer the sole – or the popular – form of jurisdiction. The Arrest Warrant case highlighted divisions within the international legal community on this issue, with some judges supporting it for serious crimes like war crimes, while Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. In discussions on its legality and scope, waters are usually muddied by the inclusion of unrelated issues Abstract The International Court of Justice (ICJ) gave its decision in the case brought by the Democratic Republic of the Congo (DRC) against Belgium. Augusto Pinochet, the former Chilean dictator, in 1998, on an arrest warrant from Spain that had charged him under universal jurisdiction with His arrest in London made the front pages of newspapers worldwide; not only did it involve the head of the military dictatorship that ruled Chile between 1973 and 1990, it marked the first time judges had applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed in a country by former heads of What is universal jurisdiction? Traditionally, states have enacted criminal laws which provide that their national courts can prosecute anyone accused of committing crimes on its territory, regardless of the nationality of the accused or the nationality of the victim (territorial jurisdiction). We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international Leiden Journal of International Law, 2004 The arrest of the Chilean general Augusto Pinochet Ugarte in London in 1998, and decisions in UK, Spanish, Belgian, and other European courts supporting his extradition, opened new hope that prosecutions of international crimes in national courts under universal jurisdiction laws might prove a viable strategy for combating impunity. Apr 11, 2000 · Belgium raised objections relating to jurisdiction, mootness and admissibility. C (P) on the premise of grave violations of humanitarian laws to be tried in Belgium. The Court issued the warrant based on universal jurisdiction. 1 Ndombasi. Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium) [2002] ICJ 1 was a public international law case before the International Court of Justice (ICJ) with a judgment issued on 14 February 2002. Jul 27, 2012 · On 11 April 2000, a Belgian Magistrate issued an international arrest warrant against Mr. It accused Yerodia of inciting racial hatred. This critical case of universal jurisdiction against Min Aung Hlaing and his circle suggests that the once seemingly unreachable ranks of Myanmar’s ruling elite are starting to feel real legal pressure. Crimes prosecuted under universal jurisdiction are considered crimes On 14 February 2002, the International Court of Justice (the Court) delivered its judgment in the Case concerning the arrest warrant of 11 April 2000. Bassiouni, ‘Universal Jurisdiction Unrevisited: The International Court of Justice Decision in Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium)’, 12 Pal. 1 On the first occasion, in Arrest Warrant, the ICJ declined the Crimes that invoke universal jurisdiction The criminal law of England and Wales expressly provides for universal jurisdiction over the crimes of torture3 and grave breaches of the Geneva Conventions,4 allowing national authorities to investigate and prosecute these offences under certain conditions when they were committed abroad by foreign nationals (see Universal jurisdiction requirements). Congo argued Belgium violated international law by failing to respect Nov 20, 2023 · Academic analysis of the Arrest Warrant case in the International Court of Justice has tended to focus to date on the Court`s judgment on immunity. He was held in custody at The Clinic, an expensive private hospital where he had just had an Cases began to arrive before the Spanish and Belgian courts, because their laws allowing extraterritorial jurisdiction are the best known, and their procedural rules allow victims a large degree of initiative in filing and pursuing a criminal case. But the assertion of a universal jurisdiction over perpetrators of crimes was not an obligation under international law, only an option. Google Scholar Case concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. 1 The The warrant warrant The Opinions Dealing with the Substance of Universal Jurisdiction Analysis INTRODUCTION AND FACTS OF THE CASE On 14 February 2002 the International Court of Justice (‘ICJ’) gave its decision in the case brought by the Democratic Republic of the Congo (‘DRC’) against Belgium, challenging the latter’s issuing of an international arrest warrant for a DRC citizen suspected of war crimes Following the International Court of Justice's judgement of 14 February 2002 in the Arrest Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. Google Scholar Oct 19, 2009 · In the wake of arrest warrants against leaders of the Rwandan Patriotic Front, some have argued that universal jurisdiction is a tool used unfairly against Africans. BELGIUM) JUDGMENT OF 14 Many commentators had hoped that the International Court of Justice would have clarified the situation in the Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Crimes prosecuted under universal jurisdiction are considered crimes Dec 8, 2000 · This is the first time that a State has come before the Court to tell it that a member of its Government is the subject of an arrest warrant issued by judicial authorities of another State and that the Government of that other State has provided support for the arrest warrant by circulating it throughout the international community. Judge Rezek rejects, as a matter of general international law, the attachment of universal jurisdiction to the war crimes and crimes against humanity at issue in the case before the Court, both in principle as well as when enforced in absentia: Arrest Warrant, sep. How-ever, we note that the body of this paper refers to the former principle using the more common phrase “universal jurisdiction” or the “univer-sality principle”. FOREWORD In 2018, universal jurisdiction has again demonstrated its potential to curb impunity for international crimes. Rezek, at § 10. Universality requires a distinction between universal jurisdiction by repre-sentation of one or more states directly connected with the crime and true universal jurisdiction to be exercised in the interest of the international community as a 20 whole. 5 The Court decided the case in Congo's favor because it reasoned that the mere issuance of the warrant violated customary international law diplomatic immunity, which renders foreign ministers absolutely inviolable from the processes of foreign courts while they are in Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. 44 Although the ICJ refrained from deciding on the issue of 24 Joint separate opinion of Judges Higgins, Kooijmans and Buergenthal the Arrest Warrant Case, paragraph 47; and also see generally Malcolm N. There were a series of human rights treaties that also assisted in reinforcing the universality principle within international and domestic frameworks, while also extending it from just customary to conventional law. 43 This amendment was done in the aftermath of the ICJ decision in the Arrest Warrant and is in line with the Rome Statute of the International Criminal Court. The exercise The report only highlights cases where judges or prosecutors have initiated criminal investigations into international crimes, namely genocide, crimes against humanity, war crimes, torture and enforced disappearances, in 2022. The former Chilean dictator, who led a dictatorship characterised by violence and repression for 17 years (1973-1990), was arrested on a warrant issued by the Spanish judiciary. 4 (Fall 2009), pp. Sep 16, 2025 · The 125 states parties to the Rome Statute must cooperate with ICC investigations and execute any arrest warrants related to genocide charges. 1 The theory of universal jurisdiction is one of the most controversial topics in the field of international criminal law. Suppose also that Yugoslavia had (like Congo in the actual case here) brought a case against Belgium to declare that this arrest warrant was a violation of international law and that Milosevic has full immunity since he was a Head of State when the arrest warrant was issued by Belgium. Aug 19, 2022 · Universal jurisdiction in criminal matters has been a hot topic for many decades already. 12 Following this judgment, a number of national courts have In any case, if the judge had properly considered the actual scope of universal jurisdiction, he would have found that the practice of universal jurisdiction (entirely by western Courts) includes an exception that a head of state is not subject to arrest and prosecution in national courts. Belgium) - The Court finds that the issue and international circulation by Belgium of the arrest warrant of 11 April 2000 against Mr. Sep 1, 2011 · The movement for “pure universal jurisdiction” has been “trending down” since the conspicuous silence on the legitimacy of universal jurisdiction in the Arrest Warrant case decided by the ICJ in 2002. The Arrest Warrant case, despite being predominantly concerned with immunities, contains significant obiter dicta on the ICJs position regarding the scope of universal jurisdiction. 66 The – now retracted – legislation on which the arrest warrant was based, was one of the most (if not the Feb 17, 2025 · The Argentinian case was filed in 2019 under the principle of “universal jurisdiction,” which allows the victims to bring charges in foreign courts against “particular crimes of In the Sokolovic case, the Federal Supreme Court (Bundesgerichtshof) opposed the early finding of the Court of Appeal with regard to the requirement of a ‘factual link’ and upheld the principle that universal jurisdiction does not require any link between Germany, the crime, the offender, or the victim. Crimes prosecuted under universal jurisdiction are considered crimes Abstract Following the International Court of Justice's judgement of 14 February 2002 in the Arrest Warrant Case, the lawfulness of universal jurisdiction in absentia has been questioned anew. In the present case, according to Belgium, the complaints that initiated the proceedings as a result of which the arrest warrant was issued emanated from 12 individuals all resident in Belgium, five of Where applications for such warrants have been made, it has been in respect of war crimes under the Geneva Conventions Act 1957; but as the same mischief would result from arrest warrants being sought in respect of other offences where there is universal jurisdiction, including torture and hostage-taking, any solution would arguably need to Introduction The Habr ́e Case, where Belgium sought the extradition or prosecution of former President and accused torturer Hiss`ene Habr ́e of Chad, marks the second contentious case in which the International Court of Justice (“ICJ”) has had the opportunity to clarify universal criminal jurisdiction in interna-tional law. Sometimes, however, the exercise of universal jurisdiction, particularly where it has involved senior sitting officials, has caused serious political friction between African and other states. Apr 11, 2000 · Facts. Background Background OnOn April April 11,11, 2000, 2000, anan investigating investigating judge judge ofof the the Brussels Brussels tribunal tribunal ofof firstinstance firstinstance issued issued an an international international arrest arrest warrant warrant inin absentia absentia against against Mr. For our purposes, we use the term to refer to criminal jurisdiction over conduct which occurs outside the state’s territory and does not involve its nationals. Aug 2, 2021 · Universal Jurisdiction is a legal principle that allows a foreign state to prosecute an individual in their national courts for a limited number of international crimes regardless of who committed them, where they were committed and against whom (Cali, 2010). zocql dujqxb osglnk ynshd vkxr stcxx wqrnl red qno nsziyh