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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
Moreover, the Basic Principles and Guidelines on the Right to a Remedy
and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law
provide that “in cases of gross violations of international human rights
law and serious violations of international humanitarian law constituting
crimes under international law, States have the duty to investigate and, if
there is sufficient evidence, the duty to submit to prosecution the person
allegedly responsible for the violations and, if found guilty, the duty to
punish her or him” (para. 4).
3. Domestic and international jurisdiction
While domestic courts have jurisdiction over violations that occurred
within the territory of their own State, territory alone does not define the
limits of jurisdiction. The legal obligations created by international human
rights and humanitarian law have been widely recognized as extending
beyond the territory of a State and to any place where the State exercises
jurisdiction or control over persons. Furthermore, under the principle of
universal jurisdiction, a State may—and for grave breaches of the Geneva
Conventions must—prosecute alleged perpetrators for certain crimes
irrespective of the location of the crime and the nationality of the perpetrator
or the victim. For example, Geneva Convention IV on the protection of
civilians establishes universal jurisdiction over grave breaches, providing
that parties to the Convention “shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed,
such grave breaches [of the present Convention], and shall bring such
persons, regardless of their nationality, before its own courts. It may also,
if it prefers, and in accordance with the provisions of its own legislation,
hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a prima
facie case” (art. 146). This principle of universal jurisdiction derogates
from the ordinary rules of criminal jurisdiction that require a territorial or
personal link with the crime, the perpetrator or the victim. The rationale
behind this principle is that “certain crimes are so harmful to international
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