FOREWORD
In 2018, universal jurisdiction has again demonstrated its potential to curb
impunity for international crimes. Several arrest warrants were issued against
the inner circle of Syrian President Bashar al-Assad in France and in Germany.
The former Gambian Minister of the Interior is awaiting trial in detention in
Switzerland. Investigations are ongoing in Austria against officials of the Syrian
intelligence services. Around the world, the net is tightening around suspects of
the gravest crimes.
Yet, all practitioners know how hard-won these victories are, and how
many other cases have been abandoned due to political, legal, logistical or
budgetary hurdles.
For the fifth edition of the Universal Jurisdiction Annual Review (UJAR), we have
chosen to focus on the evidentiary challenges inherent to universal jurisdiction.
Each case presented in the following pages, successful or unsuccessful,
illustrates the countless complexities arising from investigating and prosecuting
crimes remotely.
But this publication also highlights the solutions and good practices that have
emerged in 2018. From many of the selected cases, lessons can be drawn and
eventually applied to different contexts. We hope that the UJAR will be used as a
practical tool to disseminate good practices and inspire judicial actors resorting
– or considering resorting – to universal jurisdiction.
This UJAR also sheds a light on the continuing cooperation required in universal
jurisdiction cases. The fight against impunity brings together a wide array of
actors, both legal and non-legal. Joining forces, recognizing our complementarity,
overcoming our differences, and building mutual trust are the only way to ensure
no state remains a safe haven for war criminals.
The stakes are too high. The need is too urgent. The moment for action is now.
Philip Grant
TRIAL International Director
Valérie Paulet
TRIAL International Project Coordinator
7