Universal Jurisdiction in Europe
The State of the Art

I. Introduction

II. Challenges and Responses—Making Universal Jurisdiction a Reality

A. Notification and Complaint Mechanisms
B. Developing Expertise in Prosecuting International Crimes

III. Continuing Obstacles to Universal Jurisdiction

A. Absence of Implementing Legislation
B. Amnesties and Immunities
C. Presence Requirement and the Possibility of Investigation
D. Prosecutorial Discretion
E. Subsidiarity

IV. Conclusion

V. Recommendations

Country Case Studies

VI. Belgium

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in Belgium
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

VII. Denmark

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in Denmark
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

VIII. France

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in France
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

IX. Germany

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in Germany
C. Cooperation
D. Role and Rights of Victims
E. Fair Investigation and Trial

X. Netherlands

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in the Netherlands
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

XI. Norway

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in Norway
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

XII. Spain

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in Spain
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

XIII. United Kingdom (England and Wales)

A. Jurisdictional Challenges
B. Practical Arrangements for the Exercise of Universal Jurisdiction in the England and Wales
C. Cooperation
D. Role and Rights of Victims and Witnesses
E. Fair Investigation and Trial

XIV. Acknowledgments

June 2006   Volume 18, No. 5(D)