The International Bar Association (IBA), the CEELI Institute and the Center for International Law & Policy in Africa (CILPA) have released a joint statement outlining 12 recommendations for strengthening the effective implementation of universal jurisdiction to support justice and accountability for international crimes. Drafted with input and contributions from international law experts, national prosecutors and other legal advocates at a conference held in Prague in October 2024, The Prague Statement on Universal Criminal Jurisdiction (the Prague Statement) comes in the wake of the unprecedented legal response to the war in Ukraine.
IBA Executive Director Dr Mark Ellis commented: ‘Universal jurisdiction is, in principle, one of the best tools we have at our disposal for ensuring accountability for serious international crimes. Regardless of where the crime was committed, the perpetrator’s nationality or place of residence, universal jurisdiction ensures that justice can be served wherever it is required. In practice, however, implementing universal jurisdiction faces many hurdles. The Prague Statement aims to address these challenges so that this key legal principle can be utilised more effectively to punish perpetrators and support victims of war crimes in Ukraine and beyond.’
IBAHRI Senior Programme Lawyer Dr Ewelina Ochab added: ‘In a world where justice and accountability for international crimes are an exception, we need to do more to address the established norm that is impunity. The principle of universal jurisdiction is another tool in the toolbox that can help challenge impunity. Over recent years we have seen how victims/survivors have been seeking justice globally using the principle of universal jurisdiction, where other legal avenues were not available. If we are serious about justice and accountability for international crimes, we need to focus more on using the principle of universal jurisdiction, learn from the good practices seen globally, and work together on seeing it through.’
‘Exercising universal jurisdiction in national courts for international crimes is a vital tool to ensure accountability — not only for the innocent victims of atrocities committed by Russia and its proxies in Ukraine but also to promote consistent justice for victims of international crimes in conflicts elsewhere that have not received the same global focus.’
Establishing strong chains of evidence in challenging wartime conditions, handling universal jurisdiction in absentia and the immunity granted to leaders, soldiers and other potential defendants are just a few of the issues involved in utilising the principle of universal jurisdiction. The recommendations contained in the Prague Statement outline ways for lawmakers and other key stakeholders to overcome these problems and improve the effectiveness of universal jurisdiction as an accountability measure. The recommendations are divided into four sections, covering the following topics: responding to legal challenges; building capacity; cooperation and coordination; and wider engagement. They include:
- supporting the establishment of a special tribunal for the crime of aggression targeted at Russia’s leaders in the context of the war in Ukraine;
- pursuing complementarity between national authorities and international bodies involved in the investigation and prosecution of international crimes;
- civil society engagement, including through public advocacy, evidence gathering and critical research on universal jurisdiction developments;
- educating the general public and other affected communities on the importance of justice and accountability for international crimes; and
- strengthening international legal frameworks through the ratification and adoption of benchmark treaties on war crimes, crimes against humanity, genocide, torture and enforced disappearances.
Download The Prague Statement on Universal Criminal Jurisdiction here.