The Lawfare Podcast: Universal Jurisdiction Cases

Jen Patja, Jacob Schulz, Hayley Evans
Wednesday, February 9, 2022, 12:00 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

Last month, a court in Germany convicted a senior Assad government official for a crime against humanity and sentenced him to life in prison for activities overseeing detention centers in Syria, where the government interrogated and tortured suspected antigovernment activists. The case was unique, not just for the profile of the defendant, but for the fact that the crime had no nexus to Germany. Instead, it's an example of what scholars call a universal jurisdiction case. In these cases, a country like Germany exercises criminal jurisdiction over certain crimes like war crimes, genocide and crimes against humanity. A collection of European countries, as well as Argentina, have incorporated provisions like this into their criminal code, and universal jurisdiction cases have served to bring justice for offenses committed in a range of conflicts across the world.

To talk through the most recent developments and the phenomenon of universal jurisdiction cases, Jacob Schulz sat down with Hayley Evans, a research fellow working on Afghanistan projects at the Max Planck Foundation for International Peace and Rule of Law.


Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Jacob Schulz is a law student at the University of Chicago Law School. He was previously the Managing Editor of Lawfare and a legal intern with the National Security Division in the U.S. Department of Justice. All views are his own.
Hayley Evans is a Research Fellow at the Max Planck Foundation for International Peace and the Rule of Law. She graduated from Harvard Law School, where she was co-president of the Harvard National Security and Law Association and Executive Editor for Online of the Harvard International Law Journal. Prior to law school, Hayley spent two years working for the Justice Department’s Antitrust Division. She graduated cum laude from the University of Notre Dame.

Subscribe to Lawfare