Universal Jurisdiction — Swiss Criminal Code / VStGB equivalent (Switzerland and Germany)

Summary

Switzerland's Criminal Code (amended 2010) and Germany's Code of Crimes against International Law (VStGB 2002) provide broad universal jurisdiction over genocide, crimes against humanity and war crimes, in some cases without requiring presence in the territory. Germany in particular has prosecuted universal jurisdiction cases (e.g. Syrian officials). Both countries have active war crimes units.

Relevance to the diaspora

Tamil diaspora communities in Germany and Switzerland have access to active war crimes prosecution frameworks; evidence submitted by Tamil diaspora members to Swiss and German prosecutors regarding Sri Lankan military commanders responsible for the Mullivaikkal killings can initiate preliminary investigations.

Key provisions

• Swiss CP Art. 264–264j — genocide and crimes against humanity
• German VStGB §§1–14 — broad universal jurisdiction without double criminality requirement
• German VStGB §1 — applies to offences regardless of place of commission

Primary source

Related entries

• → Rome Statute of the International Criminal Court 1998 (ICC)
• → Universal Jurisdiction — UK Criminal Justice Act 1988 s.134 (Torture), International Criminal Court Act 2001 (UK)