Universal Jurisdiction — UK Criminal Justice Act 1988 s.134 (Torture), International Criminal Court Act 2001

Summary

UK domestic law conferring extraterritorial jurisdiction over torture (CJA 1988 s.134), and over genocide, crimes against humanity and war crimes (ICC Act 2001 s.51). These provisions allow UK courts to prosecute foreign nationals for international crimes committed abroad, regardless of the nationality of victims or perpetrators. A universal jurisdiction complaint can be initiated by any person.

Relevance to the diaspora

Tamil diaspora organisations have actively explored universal jurisdiction complaints in the UK against Sri Lankan military officials who have visited or are present in the UK; the Metropolitan Police has received complaints, though no prosecution has been brought; universal jurisdiction cases require the Director of Public Prosecutions' consent.

Key provisions

• CJA 1988 s.134 — torture offence regardless of nationality/location
• ICC Act 2001 s.51 — genocide, crimes against humanity, war crimes with universal jurisdiction
• ICC Act 2001 s.53 — consent of Director of Public Prosecutions required
• CJA 1988 s.135 — definition of torture for UK purposes

Primary source

Related entries

• → Rome Statute of the International Criminal Court 1998 (ICC)
• → Global Human Rights Sanctions Regulations 2020 (UK Magnitsky) (UK)
• → Universal Jurisdiction — Swiss Criminal Code / VStGB equivalent (Switzerland and Germany) (CH)