CYIL Vol. 4, 2013

PETRA BAUMRUK CYIL 4 ȍ2013Ȏ example, Article 11 of the 1950 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others only expresses a rather impartial position on universal jurisdiction. 19 Nevertheless slavery, like piracy, has been recognized by customary international law and writing of scholars as a part of a jus cogens, 20 thus making universal jurisdiction applicable. 21 Since then the fundamental values and norms of the international system have evolved along with the number of crimes established by international law. Consequently the concept of universal jurisdiction has also grown and now not only encompasses acts of piracy but also applies to the most heinous crimes defined by international law. 22 2.2.2 War Crimes Atrocities committed during the SecondWorldWar have led among others to the recognition of war crimes as crimes grave enough to warrant universal jurisdiction. They are serious violations of customary or treaty rules belonging to international humanitarian law (also called international law of armed conflict). 23 The definition of war crimes, as a core international crime, is included in a number of instruments that enumerate a wide range of prohibitions and regulations. The most comprehensive codification of prohibitions and regulations are enshrined in the 1949 four Geneva Conventions and their two Additional Protocols (sometimes called the “Law of Geneva”). 24 There are no provisions in these conventions that specifically refer to universal jurisdiction. However, one might assume that state parties have the right to exercise universal jurisdiction because it stems from the obligation to prevent and repress “grave breaches” enshrined within the Geneva Convention and Protocol I. 25 The modern concept of war crimes was developed under the auspices of the Nuremberg Trials based on the definition in the London Charter (or Nuremberg Charter). 26 Article 6(b) of the Charter defines war crimes as: … violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to Wave labour 19 Article 11 states that: “Nothing in the present Convention shall be interpreted as determining the attitude of a Party towards the general question of the limits of criminal jurisdiction under international law.” 20 See sub-chapter 2.3.1. on jus cogens norms. 21 Bassiouni, M. Cherif: Universal Jurisdiction for International Crimes , op. cit ., pp. 114-115. 22 Brown, Bartram S.: The Evolving Concept of Universal Jurisdiction. New England Law Review, Vol. 35 (2), 2000-2001, pp. 383-384. 23 Cassese, Antonio: Cassese’s International Criminal Law . 3 rd ed. Oxford: Oxford University Press, 2013, p. 65. 24 Bassiouni, M. Cherif: Universal Jurisdiction for International Crimes, op. cit ., pp. 115-116. 25 Bassiouni, M. Cherif: The History of Universal Jurisdiction and Its Place in International Law. In Macedo, Stephen (ed.): Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes Under International Law. Philadelphia: University of Pennsylvania Press, 2004, pp. 50-52 [hereafter cited “The History of Universal Jurisdiction”]. 26 The 1945 Charter of the International Military Tribunal – Annex to the Agreement for the prosecution and punishment of the major war criminals of the European Axis [hereafter London Charter].