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example, Article 11 of the 1950 Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others only expresses a rather
impartial position on universal jurisdiction.
19
Nevertheless slavery, like piracy, has
been recognized by customary international law and writing of scholars as a part of
a
jus cogens,
20
thus making universal jurisdiction applicable.
21
Since then the fundamental values and norms of the international system
have evolved along with the number of crimes established by international law.
Consequently the concept of universal jurisdiction has also grown and now not only
encompasses acts of piracy but also applies to the most heinous crimes defined by
international law.
22
2.2.2 War Crimes
Atrocities committed during the SecondWorldWar have led among others to the
recognition of war crimes as crimes grave enough to warrant universal jurisdiction.
They are serious violations of customary or treaty rules belonging to international
humanitarian law (also called international law of armed conflict).
23
The definition of war crimes, as a core international crime, is included in a number
of instruments that enumerate a wide range of prohibitions and regulations. The
most comprehensive codification of prohibitions and regulations are enshrined in the
1949 four Geneva Conventions and their two Additional Protocols (sometimes called
the “Law of Geneva”).
24
There are no provisions in these conventions that specifically
refer to universal jurisdiction. However, one might assume that state parties have
the right to exercise universal jurisdiction because it stems from the obligation to
prevent and repress “grave breaches” enshrined within the Geneva Convention and
Protocol I.
25
The modern concept of war crimes was developed under the auspices of
the Nuremberg Trials based on the definition in the London Charter (or Nuremberg
Charter).
26
Article 6(b) of the Charter defines war crimes as:
… violations of the laws or customs of war. Such violations shall include,
but not be limited to, murder, ill-treatment or deportation to Wave labour
19
Article 11 states that: “Nothing in the present Convention shall be interpreted as determining the attitude
of a Party towards the general question of the limits of criminal jurisdiction under international law.”
20
See sub-chapter 2.3.1. on
jus cogens
norms.
21
Bassiouni, M. Cherif: Universal Jurisdiction for International Crimes
, op. cit
., pp. 114-115.
22
Brown, Bartram S.: The Evolving Concept of Universal Jurisdiction.
New England Law Review,
Vol. 35
(2), 2000-2001, pp. 383-384.
23
Cassese, Antonio:
Cassese’s International Criminal Law
. 3
rd
ed. Oxford: Oxford University Press, 2013,
p. 65.
24
Bassiouni, M. Cherif: Universal Jurisdiction for International Crimes,
op. cit
., pp. 115-116.
25
Bassiouni, M. Cherif: The History of Universal Jurisdiction and Its Place in International Law. In
Macedo, Stephen (ed.):
Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes
Under International Law.
Philadelphia: University of Pennsylvania Press, 2004, pp. 50-52 [hereafter
cited “The History of Universal Jurisdiction”].
26
The 1945 Charter of the International Military Tribunal – Annex to the Agreement for the prosecution
and punishment of the major war criminals of the European Axis [hereafter London Charter].