PROSECUTION OF WAR CRIMES IN INTERNATIONAL LAW: REVISITING THE IDEA OF UNIVERSAL JURISDICTION FOR THE PROSECUTION OF ACTS OF GRAVE BREACHES

Abstract

The broadening of the scope of the concept of ‘crimes against humanity’ and war crimes in recent years, so as to include acts committed in time of non-international armed conflict, has been of decisive importance in the universal prosecution of war criminals. As the judges at Nuremberg observed in condemning the Nazi leaders for their atrocities: ‘crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced.’ The paper discussed the concept of universal jurisdiction in the prosecution of war crimes and acts of grave breaches in international law. Using the doctrinal method, the paper discovered that the prosecution of acts of grave breaches and acts amounting to war crimes by domestic or ordinary courts of the state instead of the International Criminal Court or International Tribunals is an effective instrument in the fight against impunity for war crimes and crimes against humanity. Indeed, in numerous countries the example set by the ad hoc tribunals and the implementation of the ICC Statute have led to a notable increase in national prosecutions for international crimes, including grave breaches. It is submitted that the International Criminal Court will move practice further in the direction of the universality of punishment intended by the drafters of the Geneva Conventions.