CYIL Vol. 4, 2013

UNIVERSAL JURISDICTION UNDER CUSTOMARY INTERNATIONAL LAW … less strict statutory limitations (giving some leeway to the states to make some initial procedural steps in enforcing customary universal jurisdiction even in the absence of the alleged perpetrator on the territory of such a state). 87 In addition, the principle of subsidiarity should be applied together with the principle of informing and communicating with the states with “primary” or “more natural” jurisdiction over the relevant crime. Such a system could create a kind of network of rights and obligations with the aim of supporting cooperation and exchange of information between states concerning prosecution of crimes under international law. VI. Universal jurisdiction in the criminal law of the Czech Republic In Czech criminal law the principle of universal jurisdiction is contained in sections 7 and 8 of Act No. 40/2009 Coll., the Criminal Code. According to section 7, para. 1, “the Czech law shall apply when determining the liability to punishment of torture and other inhuman and cruel treatment (section 149), forgery and alteration of money (s. 233), disposing of counterfeited and altered money (s. 235), manufacturing and possession of forgery tools (s. 236), unauthorised production of money (s. 237), subversion against the republic (s. 310), terrorist attack (s. 311), terror (s. 312), sabotage (s. 314), espionage (s. 316), violence against an public organ (s. 323), violence against a public officer (s. 325), forgery and fraudulent alteration of an official document (s. 348), criminal conspiracy (s. 361 paras. 2 and 3), genocide (s. 400), attack against humanity (s. 401), apartheid and discrimination against a group of people (s. 402), preparation of aggressive war (s. 406), using prohibited means of combat and unlawful warfare (s. 411), war cruelty (s. 412), persecution of a population (s. 413), plundering in the war area (s. 414), misuse of internationally acknowledged symbols and signs and state coat of arms (s. 415), misuse of a flag and cease-fire (s. 416), assaulting a parliamentarian (s. 417) even if such crime has been committed abroad by a foreign national or a stateless person with no permanent residence permit in the Czech Republic .” Apparently, this provision is mostly a mixture of crimes prosecuted on the basis of the principle of protection of vital interests of the Czech Republic (e.g. crimes of subversion against the republic, forgery of money) and “contractual universal jurisdiction”, i.e. “treaty crimes” prosecuted on the basis of relevant international conventions (e.g. terrorist attack). However, in principle, this provision could also serve as a basis for prosecution of crimes under international law on the basis of “customary” universal jurisdiction described in previous sections. 88 87 In the words of C. Kreß ( op. cit . sub 10, p. 578), “[A] level of political control over the decision to prosecute (not on the conduct of the investigation or trial, in full respect of the doctrine of separation of powers) might probably safeguard the universal jurisdiction from decline and outright rejection.” 88 See section 400 of the Criminal Code, which defines genocide as follows: “(1) Whoever with the intention to completely or partially eradicate a racial, ethnic, national or religious class, or other similar group of people: a) brings members of such a group to such living conditions that are to cause their complete or partial physical annihilation, b) takes measures to prevent birth of children within such a group, c) forcibly transfers children from one such group to another group, or (d) causes death or grievous bodily harm to a member of such group, shall be sentenced to