Dutch Courts` Universal Jurisdiction Over Violations of Common Article 3 Qua War Crimes

Abstract

On 14 October 2005, The Hague District Court sentenced two Afghan asylum seekers for their role and participation in the torture of civilians during the Afghan War of 1978-1992. The Court held in both cases that it had `universal jurisdiction` over violations of Common Article 3 of the Geneva Conventions and that the accused were guilty of `torment` (`foltering`) and torture as a war crime (`marteling`). The jurisdictional basis relied upon by the Court and the Court`s legal reasoning in both cases is open to criticism.