Major Cases

Several States have already prosecuted authors of international crimes on the basis of universal jurisdiction (Germany, Australia, Belgium, Canada, Denmark, United-States, France, Great-Britain, Israel, Netherland, Switzerland, etc.). Among those cases are:

Adolf Eichmann: a former Nazi, Adolf Eichmann was arrested  in Argentina in 1960 and was transferred to Israel to face trial for crimes against humanity and crimes of war. The decision of the Jerusalem district Court establishing its jurisdiction is based on the universal nature of the crimes committed. Eichmann was sentenced to the death penalty and hanged on June 1st, 1962.

Augusto Pinochet: in 1998, as Augusto Pinochet was in London for medical reasons, the Spanish judicial authorities request he be extradited in order to face trial for numerous crimes committed while in office in Chile. He is arrested by the British authorities in October 1998. The House of Lords allows for his extradition towards Spain to take place, considering that his immunity as head of state does not protect him against proceedings for international crimes. As a result of this decision, Belgium, France and Switzerland also apply for his extradition. The House of Lords upholds its previous decision in 1999. However, the extradition did not take place for the British Home Secretary considered that the health of the former dictator was too bad for him to face legal proceedings. Pinochet is finally sent back to Chile.

Hissène Habré: in 2000 a Belgian Court charged the former Chadian president with crimes against humanity, particularly torture, for acts committed between 1982 and 1990, after several victims lodged complaints about him. In 2005, when a Belgian judge issues an arrest warrant againt him Habré is in exile in Senegal, which leads the Belgian government to ask the Senegalese authorities he be extradited, which they will refuse. However, in July 2006, at the request of the African Union, the president of Senegal agrees to try Hissène Habré in Senegal ‘in the name of Africa’.

Abdoulaye Yerodia: on April 11th, 2000, an arrest warrant is issued against Abdoulaye Yerodia, Secretary of Foreign Affair of the Democratic Republic of Congo, for incitation to genocide after he allegedly called the rebels “vermin” and “insects” and talked about extermination. Once in office, Mr. Yerodia denied having called to genocide. In its decision of February 14th, 2002, the International Court of Justice denies the Belgian authorities the right to issue an arrest warrant against Yerodia, considering that his immunity as a former Secretary still protects him. A few days after this decision, the Belgian authorities find that they cannot follow up on the complaints, not because of Yerodia’s immunity but because he is not on Belgian territory.

The Butare Four: the trial of Alphonse Higaniro, Consolata Mukangango, Vincent Ntezimana and Julienne Mukabutera opened in 2001 in Belgium for their participation in the 1994 Rwandan genocide. Their trial was the first to open in Belgium according to the 1993 universal jurisdiction Act. Other trials were to follow.

Ariel Sharon: In 2001 a complaint was lodged with Belgian tribunals in order for former Israel Prime Minister Ariel Sharon (in office at the time) to be prosecuted for his role in the murder of over 900 Palestinian men, women and children in the refugees camps of Sabra and Chatila, close to Beirut, Lebanon, in September 1982. In June 2002, the Brussels Court of Appeal finds the complaint to be inadmissible for Sharon is not within Belgian territory.

Other complaints were lodged before Belgian Courts against head of States, among whom: Yasser Arafat (Palestinian Authority), Fidel Castro (Cuba), Paul Kagame (Rwanda), Laurent Gbagbo (Ivory Coast), Sid'Amed Taya (Mauritania), Saddam Hussein (Iraq), Denis Sassou Nguesso (Congo-Brazzaville – he was also prosecuted in France) ou Ange-Félix Patasse (Centre-African Republic).

Several other countries have also launched prosecutions on the basis of universal jurisdiction: France (Ely Ould Dha, Munyeshyaka, Bucyibaruta, ‘Brazzaville Beach’ case), Spain (Scilingo, Rios Montt, Rodriguez, Ruiz, Barahona, Castro), Germany (Jorgic, Djajić, Sokolović, Kusljić, Almatov), Switzerland (Niyonteze, Grabež), Netherlands (Faqirzada, Hesam, Nzapali, Albrecht, Rohrig, Knesevic, etc.), Great Britain (Zardad, Sawoniuk, Almog), Australia (Polyukhovich), Canada (Finta), Denmark (Sarić), etc.