THE PRINCIPLE OF UNIVERSAL JURISDICTION IN THE 21ST CENTURY: ACCOUNTABILITY FOR WAR CRIMES BEYOND TERRITORIAL BOUNDARIES

Abstract

Universal jurisdiction represents one of the most significant developments in international criminal law, enabling states to prosecute individuals for grave international crimes regardless of where the offense occurred or the nationality of the perpetrator or victim. This article examines the evolution, application, and contemporary challenges of universal jurisdiction in 2025-2026, focusing on accountability for war crimes, crimes against humanity, genocide, and torture. The article analyzes recent landmark developments, including the historic 2024 conviction of Ousman Sonko in Switzerland the highest-ranking state official tried under universal jurisdiction in Europe and the 2024 French arrest warrant for Syrian President Bashar al-Assad. It examines the surge in universal jurisdiction activity, with 36 new cases opened in 2024 and 27 convictions, alongside critical challenges including the failure to open investigations into alleged crimes in Gaza and selective application across conflict situations. The research addresses legal reforms adopted in Germany and Denmark in 2024, emerging digital evidence challenges, and the evolving jurisprudence on immunities. The article concludes that while universal jurisdiction has experienced unprecedented growth and remains vital for combating impunity, its legitimacy depends on consistent application across all situations, enhanced international cooperation, and political will to prioritize accountability over diplomatic expediency.