Abstract
This paper presents research into the question whether States are obliged or at least authorized to provide in their domestic legislation for universal jurisdiction over war crimes committed in non-international armed conflict. Chapter 1 defines non-international armed conflict, war crimes, and universal jurisdiction. Chapter 2 summarizes the applicable law, then traces the history of the criminalization of war crimes committed in non-international armed conflict, and presents universal jurisdiction as a means to combat impunity. Chapter 3 looks at two possible legal bases for establishing such universal jurisdiction: common article 1 to the Geneva Conventions, and customary international law. For the latter, extensive research included international law, the national legislation of over x countries, international and national case law, and the work of prominent scholars. The final chapter addresses the legal, political and practical objections that have been raised against the principle of universal jurisdiction and deduces from those some conditions for its exercise.
Published Version
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