Universal Jurisdiction : 14 Principles on the Effective Exercise of Universal Jurisdiction

An overwhelming majority of states at the Diplomatic Conference in Rome in June and July 1998 favoured giving the International Criminal Court the same universal jurisdiction over genocide, crimes against humanity and war crimes which they themselves have. However, the Rome Statute omits such jurisdiction when the Prosecutor acts based on information from sources other than the Security Council. The international community must ensure that this gap in international protection is filled. National legislatures in states which have signed and ratified the Rome Statute will need to enact implementing legislation permitting the surrender of accused persons to the Court and requiring their authorities to cooperate with the Court. When enacting such legislation, they should ensure that national courts can be an effective complement to the International Criminal Court, not only by defining the crimes within the Court's jurisdiction as crimes under national law consistently with definitions in the Rome Statute, but also by providing their courts with universal jurisdiction over grave crimes under international law, including genocide, crimes against humanity, war crimes, extrajudicial executions, enforced disappearances and torture. Such steps will help reduce and, eventually, eliminate safe havens for those responsible for the worst crimes in the world.