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 regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians that is tolerated or condoned by a government or a de facto authority. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law, and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
Michael Ratner was an American attorney. For much of his career, he was president of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City, and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin.
The Dublin Regulation is a Regulation of the European Union that determines which EU member state is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the Qualification Directive, within the European Union.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
Wolfgang Kaleck is a German civil rights attorney. He is the founder as well as the general secretary for the European Center for Constitutional and Human Rights. He resides in Berlin, Germany.
The UNROW Human Rights Impact Litigation Clinic is a student litigation and advocacy project at American University's Washington College of Law.
The Völkerstrafgesetzbuch, abbreviated VStGB, is a German law that regulates crimes against (public) international law. It allows cases to be brought against suspects under international criminal law provisions, meaning that suspects can be prosecuted even though both they and their victims are foreigners and the crime itself took place abroad.
Between 1941 and 1945, Nazi Germany perpetrated the Holocaust: a large-scale genocidal campaign in which approximately six million European Jews were systematically murdered throughout German-occupied Europe. Since World War II, several countries have criminalised Holocaust denial—the assertion by antisemites that the genocide was a myth, fabrication or exaggeration. Currently, 17 European countries, along with Israel and Canada, have laws in place that cover Holocaust denial as a punishable offence. Many countries also have broader laws that criminalise genocide denial, including that of the Holocaust. Among the countries that have banned Holocaust denial, Russia, Austria, Germany, Hungary, Poland, and Romania have also banned Nazi symbols. Any expression of genocide justification is also a criminal offence in several countries, as is any attempt to portray Nazism in a positive light.
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
Michael Benedict Emmerson CBE KC is a British barrister, specialising in public international law, human rights and humanitarian law, and international criminal law. From 2011 to 2017, he was the UN Special Rapporteur on Human Rights and Counter-Terrorism. Emmerson is currently an Appeals Chamber Judge of the UN Mechanism for International Criminal Tribunals sitting on the Criminal Tribunals for the Former Yugoslavia and Rwanda. He has previously served as Special Adviser to the Prosecutor of the International Criminal Court, and Special Adviser to the Appeals Chamber of the ECCC.
Monica Feria Tinta is a British/Peruvian barrister, a specialist in public international law, at the Bar of England & Wales. She practises from Twenty Essex, London.
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow politics of climate change delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.
International and national courts outside Syria have begun the prosecution of Syrian civil war criminals. War crimes perpetrated by the Syrian government or rebel groups include extermination, murder, rape or other forms of sexual violence, torture and imprisonment. "[A]ccountability for serious violations of international humanitarian law and human rights is central to achieving and maintaining durable peace in Syria", stated UN Under-Secretary-General Rosemary DiCarlo.
Anwar Raslan is a Syrian former colonel who led a unit of Syria's General Intelligence Directorate. In January 2022, he was convicted of crimes against humanity in a German Higher Regional Court under universal jurisdiction. The specific charges against him were 4,000 counts of torture, 58 counts of murder, rape, and sexual coercion. His case was the first international war crimes case against a member of the Syrian government during the presidency of Bashar al-Assad.
The Syria Justice and Accountability Centre (SJAC) is a non-profit justice and legal documentation organization that monitors and reports on violations by various actors in the Syrian Conflict. Its documentation includes data on the Syrian government, opposition forces, ISIS, and foreign actors. The organization was started by the group Friends of the Syrian People in 2012, who had a stated goal of preserving documentation and creating a centralized source for data collection. SJAC primarily works on issues related to transitional justice, criminal accountability, and human rights violations in Syria.
Pushback is a term that refers to "a set of state measures by which refugees and migrants are forced back over a border – generally immediately after they crossed it – without consideration of their individual circumstances and without any possibility to apply for asylum". Pushbacks violate the prohibition of collective expulsion of aliens in Protocol 4 of the European Convention on Human Rights and often violate the international law prohibition on non-refoulement.
Lafarge scandal refers to the court case against Lafarge, the French cement company, for making payment to the armed terrorist groups Islamic State of Iraq and Levant and al-Nusra Front between 2013 – 2014. The scandal was first revealed by a French journalist Dorothée Myriam Kellou and was then followed by investigations by the French government. The company was found guilty of complicity in crimes against humanity and was ordered to pay $777.8 million over the issue.
