The Rebirth of Universal Jurisdiction: How the Syrian Conflict Has Led to the Expansion of the Use of Universal Jurisdiction

Dana Ahdab*

Under the principle of universal jurisdiction, any national court may prosecute an individual accused of committing a serious international crime, regardless of the nationalities of the perpetrator and the victim, or the location of the crime. At the turn of the twenty-first century, amendments to the universal jurisdiction laws of several European countries led to a decline in the use of universal jurisdiction and the narrative of the downfall of the principle. However, as Máximo Langer argues, the use of universal jurisdiction has actually been quietly expanding during this time period. In this Note, I argue that the rise in the use of universal jurisdiction to prosecute perpetrators related to the conflict in Syria has significantly contributed to the expansion of the overall use of universal jurisdiction. I collected data on ongoing and just-initiated universal jurisdiction cases from the past seven years and conducted statistical analysis to show that, first, the number of Syria-related universal jurisdiction cases significantly contributed to the overall number of universal jurisdiction cases and, second, the number of Syria universal jurisdiction cases initiated significantly contributed to the overall number of universal jurisdiction cases initiated. Further, I contend that several factors underpin this relationship between Syria universal jurisdiction cases and overall universal jurisdiction cases, including: migration waves, the initiation of structural investigations in several European countries, and domestic and international political pressure. Finally, I conclude that these findings show that the principle of universal jurisdiction is far from its deathbed and, instead, has undergone a rebirth.

* Head Notes Editor, Columbia Journal of Transnational Law; J.D., Columbia Law School, 2023. The author would like to thank Professor George A. Bermann and Elizabeth White for their advisement and support throughout the research and writing process.