Justice without Borders: Ending Impunity for International Crimes in Europe

Justice without Borders: Ending Impunity for International Crimes in Europe

The principle of universal jurisdiction allows States to investigate and prosecute international crimes, regardless of where the crimes were committed or the nationality or residence of the perpetrator or the victim.

As of 2022, there were more than 6,000 core international crime cases in the European Union (EU), a number expected to rise as new conflicts emerge and investigations progress. Not surprisingly, the EU recognises that universal jurisdiction is a crucial tool in promoting justice, ensuring accountability for international crimes, and confronting impunity.

Despite its importance, significant barriers to universal jurisdiction remain, with perpetrators of international crimes viewing some EU Member States as safe havens, to where they can travel without fear of arrest.

To address these challenges, REDRESS has released a briefing paper outlining measures that States can deploy to complement universal jurisdiction, using it more effectively in combating impunity and delivering justice to victims.

Universal jurisdiction complements other criminal accountability mechanisms, such as ad hoc tribunals, hybrid tribunals, and the International Criminal Court. Where these mechanisms have limitations related to their mandate and jurisdictional scope, universal jurisdiction can be used to prosecute additional suspects, thus strengthening the accountability net.

This complementary role of universal jurisdiction has been acknowledged in strategies for holding those responsible for atrocities committed because of Russia’s full-scale invasion of Ukraine or violations committed in the State of Palestine. In the context of Syria, universal jurisdiction is described as the “only viable option” currently available to hold perpetrators accountable. However, in practice, invoking universal jurisdiction is not straightforward. The process is often lengthy, from initiating investigations and arresting suspects, to delivering reparation to victims.

In several EU Member States, initiating and investigating cases requires the suspect to be present or have their habitual residence in the State. This means tracking suspects is needed to establish their whereabouts. For example, Félicien Kabuga, one of the most wanted suspects of the Rwandan genocide, lived undetected in France for several years under a pseudonym. Kabuga is accused of being the main financier of the ethnic Hutu extremists responsible for slaughtering 800,000 people in 1994, targeting the Tutsi minority and political opponents. He was not arrested until 2020, 26 years later.

Immunities also present a challenge to the effective prosecution of international crimes under universal jurisdiction. In the United Kingdom, a private arrest warrant for Ehud Barak, then Israeli defence minister and former prime minister, was denied in 2009 due to diplomatic immunity.

Victims’ right to reparation can also be advanced through effective asset freezing and recovery procedures. One example is the case of former Chilean dictator Augusto Pinochet, who was arrested in London in 1998 for his alleged involvement in torture. In February 2005, those involved in his prosecution successfully secured an $8 million pension fund for his victims, thanks to a decisive order by the Central Investigative Court No. 5, which froze Pinochet’s assets globally to ensure compensation for the victims if he were convicted.

The effective application of universal jurisdiction is crucial for delivering justice and accountability. However, its impact can be significantly enhanced through complementary measures, as outlined in REDRESS’ briefing paper. Targeted sanctions, asset recovery mechanisms to support reparation for victims, the lifting of immunities, the elimination of amnesties and pardons for serious international crimes, capacity-building for prosecuting authorities, and adopting survivor-centred approaches to accountability can strengthen efforts to combat impunity in the EU.

In a time marked by ongoing wars and widespread international crimes, the EU should play a vital role in ensuring accountability and upholding victims’ rights.

Photo: Neighbourhood in Raqqah, Mahmoud Bali/VOA.