Statement on universal jurisdiction to the UN General Assembly's Sixth Committee
Chair,
The International Committee of the Red Cross (ICRC) welcomes the continued interest of the United Nations General Assembly in the principle of universal jurisdiction and would like to share its observations on the importance of universal jurisdiction as it relates to international humanitarian law (IHL).
Certain crimes committed during an armed conflict are so grave that they affect the international community as a whole. Universal jurisdiction over international crimes regardless of where they occur seeks to end impunity and to prevent those who commit such serious crimes from evading accountability in third countries. In other words, universal jurisdiction is a key tool for ensuring that serious violations of IHL are deterred and – when they do occur – investigated and, if appropriate, prosecuted.
Chair,
Universal jurisdiction is closely linked to the obligations of states to respect and ensure respect for IHL and to repress serious violations of IHL.
The Geneva Conventions of 1949 and their Additional Protocol I of 1977 require that states establish universal jurisdiction in their national legislation for certain violations of these treaties, which are known as “grave breaches”. Additionally, under customary IHL, states may establish universal jurisdiction for all other serious violations of IHL, committed both in international and non-international armed conflict.
Other international instruments contain similar provisions: Several treaties require States Parties to vest their courts with some form of universal jurisdiction over serious violations of the rules contained in those instruments.
These include, for example, the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Second Protocol; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance.
The Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and other International Crimes bolsters the application of universal jurisdiction by enabling cooperation among states on various aspects of investigating and prosecuting international crimes.
Chair,
States have a responsibility to investigate war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects. A growing number of states are using universal jurisdiction to effectively close prevailing accountability gaps for serious IHL violations that were perpetrated beyond their borders, in past or ongoing armed conflicts.
The “Universal Jurisdiction Annual Review 2026”, published by Trial International and covering the year of 2025, tracks these actions. According to the report, authorities in two states took steps to exercise universal jurisdiction for the first time in 2025. Moreover, according to the report, 2025 saw 34 new cases opened or made public, and 23 convictions entered, on the basis of universal and other forms of extraterritorial jurisdiction. These efforts send an important message to affected people and survivors: It demonstrates that accountability is not just an aspirational goal, but a tangible commitment made by the international community.
However, the ICRC notes that universal jurisdiction is not currently applied evenly across all armed conflicts. Consistency in the application of universal jurisdiction is an important part of enforcing IHL. States exercising universal jurisdiction should pursue accountability impartially and without bias. The ICRC calls on states to reaffirm their commitment to combatting impunity for war crimes, by fulfilling the obligations they have already undertaken under treaty and customary IHL.
The ICRC continues to support states in fulfilling their obligation to repress serious violations of IHL. The ICRC provides legal advice and technical assistance to governments, lawmakers and the judiciary on the national implementation of IHL and the ratification of treaties. The ICRC also develops specialised tools to assist states to understand and implement their obligations under IHL, such as public databases, reports and factsheets.
Chair,
Against the backdrop of the rising number of armed conflicts around the world and the disastrous humanitarian consequences we are witnessing, six states – Brazil, China, France, Jordan, Kazakhstan and South Africa, together with the ICRC, launched the Global Initiative to Galvanize Political Commitment to IHL.
During discussions in the seven different workstreams of the Initiative, several states reflected on the importance of accountability for grave breaches and other serious violations of IHL. They highlighted that accountability serves to counter impunity, promote respect for the law, and deter future violations. Importantly, they also emphasized that accountability is an important component of building lasting peace in the aftermath of conflict.
Chair,
For accountability to effectively deter IHL violations in armed conflict, strengthen the rule of law and foster sustainable peace, States need to put the right apparatus in place. They need to ensure that national authorities have the jurisdiction and capacity to investigate and prosecute grave breaches and other serious IHL violations before their own courts.
The ICRC reiterates its readiness to continue engaging with and supporting states' efforts to ensure greater respect for IHL, including through the application of universal jurisdiction.
Thank you Chair.
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