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Journal of International Criminal Justice Advance Access originally published online on April 21, 2006
Journal of International Criminal Justice 2006 4(2):362-371; doi:10.1093/jicj/mql019
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes

Guénaël Mettraux*

* Member of the Editorial Committee.

[gmettraux{at}gmail.com]

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.


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