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- Title
Dutch Courts' Universal Jurisdiction over Violations of Common Article 3 qua War Crimes.
- Authors
Mettraux, Guénaël
- 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.
- Subjects
AFGHANISTAN; DISTRICT courts; CRIMINAL sentencing; TORTURE; RIGHT of asylum; AFGHAN Wars
- Publication
Journal of International Criminal Justice, 2006, Vol 4, Issue 2, p362
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mql019