Implementing the principle of universal jurisdiction in France

29/03/2006
Report

Although French law has incorporated universal jurisdiction based on treaty obligations in respect of certain offences, absolute universal jurisdiction based on customary international law has not been established. As a result, universal jurisdiction cannot generally be exercised in French courts in respect of certain jus cogens crimes, including crimes against humanity and crimes of genocide. A limited exception is provided by Law No. 95-1 of 2 January 1995 and Law No 96-432 of 22 May 1996 which allow for the exercise of absolute universal jurisdiction in relation to international crimes committed in Yugoslavia and Rwanda respectively, enacted in order to adapt French law to the requirements of UN Resolutions 827 (Yugoslavia) and 955 (Rwanda), adopted by the United Nations Security Council to establish the two ad hoc International Criminal Tribunals.

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