Free Legal Aid System Library

Universal jurisdiction: a working algorithm

A separate route for cases that could potentially be investigated outside the country of the crime or the suspect's nationality.

Materials on universal jurisdiction

  1. State of the forum. Find the exact material and procedural norm.
  2. Crime and date. Check the covered warehouses and the effect of the law over time.
  3. Communication. Establish a presence, residency, citizenship, or other nexus requirement.
  4. Subsidiarity. Check the proceedings in Ukraine, another state and the ICC.
  5. Immunity. Analyze ratione personae and ratione materiae separately.
  6. Transfer of evidence. Record legal aid, translation, origin and admissibility.
  7. Personal rights. Access to materials, interpreter, counsel, attendance and appeals.

Minimum package for verification

  • The text of the law of the forum state and the date of publication.
  • The decision to open proceedings and the limits of suspicion.
  • Proof of presence or other required communication.
  • Requests for international legal assistance and responses.
  • Information on parallel cases and final decisions.