A comparative study of the formal requirements of the principle of universal jurisdiction in the legal systems of Germany and Sweden

Articles in Press

Document Type : Research Paper

Authors

1 University of Tehran

2 Assistant Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

The rationale behind universal jurisdiction is to combat impunity and prevent third States from becoming safe havens for those who have committed international crimes; that is, when the alleged suspect is not a national of the State, the alleged suspect did not commit a crime in that State's territory or against its nationals, or the State's national interests have not been affected. The present article, with the descriptive-analytical method, and with the aim of explaining the status of universal jurisdiction in the contemporary international law system in general, examines the formal requirements of applying this principle in the legal systems of Germany and Sweden. The findings of this article show that in both legal systems of Germany and Sweden, there is unanimity regarding the application of the principle of absolute universal jurisdiction. In addition, the scope and application of this principle are often similar in these two States. However, in the legal system of Germany and Sweden, the prosecution and trial of alleged suspects of international crimes entail the fulfillment of formal requirements.

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 18 June 2024

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