Core international crimes

Core international crimes often have direct links with the Member States. Through international treaties such as the Geneva Conventions and the Rome Statute of the International Criminal Court (ICC), national authorities have the primary responsibility to investigate and prosecute war criminals and other perpetrators of core international crimes irrespective of where the crimes have been committed.

States exercise their jurisdiction over these crimes based on the principle of nationality (of a perpetrator or victim) or on the principle of extraterritorial (universal) jurisdiction. The latter enables prosecution of a perpetrator regardless of his or her nationality or that of their victims, subject to certain conditions such as presence or residence in the State of prosecution.

Combined with inflows of refugees to the Member State, the recent escalation of nearby conflicts in Syria and Northern Iraq, as well as more distant locations such as Rwanda, Sierra Leone and the Democratic Re-public of Congo, has brought these crimes increasingly within the scope of Europe’s judiciary. These recent or ongoing crimes may directly implicate EU nationals, such as those committed by foreign terrorist fighters (FTFs). Alternatively, citizens of Member States may be involved in investigations as witnesses of the committed offences, or even as victims.

As core international crimes are not statute-barred, a number of investigations concerning cases pertaining to the Second World War or to the former communist regimes of Eastern Europe remain ongoing. Additionally, there are ongoing cases relating to the war in former Yugoslavia. Jurisdiction for cases committed in the Member States is based on the principle of territoriality.

Finally, Member States may receive requests for mutual legal assistance relating to core international crimes not linked with their territory, but for the purpose of collecting evidence (for instance, financial or bank information) or the seizure of proceeds of crimes committed abroad.