Universal Jurisdiction

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Prosecuting Members of Russian Mercenary Groups for War Crimes, a Remedy for Victims?

‘Remedy is rare’ for the victims of atrocity crimes and human rights violations committed by contemporary mercenaries. Indeed, there have been only a few prosecutions of mercenaries fighting in Ukraine since 2014 and those have been specifically for the crimes of mercenarism or for engaging in foreign military service. A shift occurred, however, on 14 March 2025, when the Helsinki District Court sentenced Russian national, Yan (or Jan) Petrovsky (known as ‘Voislav Torden’) to life imprisonment after he was found guilty of committing war crimes in eastern Ukraine in 2014. Torden is a co-founder and deputy commander of ‘Rusich,’ a Russian neo-Nazi, Wagner-affiliate, and mercenary group, notorious for its brutality, and whose practices include summary executions, torture, and inhuman treatment of civilians and prisoners of war in various armed conflicts, including Syria.

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The Uneven Application of Universal Jurisdiction: Living with Impunity vs. Living in Fear

This will be a busy fall for French courts.  Two major cases are testing France’s approach towards international justice. First, Roger Lumbala Tshitenga, a former Congolese warlord accused of crimes against humanity during the Second Congo War, is set to go on trial in November through December. Second, Eugene Rwamucyo, a former doctor accused of complicity in…

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The Obligation to Notify the State of the Official in the ILC Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction: a Backdoor to Impunity?

Introduction In April and May 2025, the International Law Commission (ILC) is due to discuss, and possibly adopt on second reading, the Draft Articles on immunity of state officials from foreign criminal jurisdiction, adopted on first reading in 2022. During its session, the ILC will examine amendments to draft articles 7 to18 and an Annex…

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“No safe haven” is not enough – universal jurisdiction and Russia’s war of aggression

Three years after Russia began its full-scale invasion of Ukraine, the widespread activation of universal and other forms of extraterritorial jurisdiction to prosecute international crimes committed in the war calls for an evaluation. What has been achieved so far and what could be done better? Despite the stated commitment of Ukraine’s allies to complement the justice efforts in…

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France’s Highest Court Confirms Universal Jurisdiction

In November 2021, the Criminal Chamber of the French Cour de cassation, shocked the international criminal law community (see here and here) by considering that French courts did not have jurisdiction over crimes against humanity committed in Syria because Syria was not party to the Rome Statute and did…

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