The International Bar Association's Human Rights Institute (IBAHRI) is supporting efforts to reform the United Kingdom's approach to universal jurisdiction to ensure that the UK can play a more proactive role in addressing international crimes.
In recent months, the IBAHRI has been working with REDRESS , Amnesty International and Legal Action Worldwide engaging parliamentarians on the needed reforms and, in particular, proposals to amend the International Criminal Court Act (ICCA) of 2001. On 16 October, IBAHRI Director Baroness Helena Kennedy LT KC spoke on this issue in the UK Parliament's House of Lords in London during the second reading of the Crime and Policing Bill. As the Crime and Policing Bill progresses, the IBAHRI and partners will be supporting parliamentarians with research and equipping them to make informed decisions about the proposed reforms.
During her speech in parliament, Baroness Kennedy remarked: 'This Bill presents a unique opportunity to close long-standing accountability gaps in the UK's universal jurisdiction laws and will ensure […] that perpetrators of the world's most serious crimes can be brought to justice on British soil. At a time when the number of grievous crimes is rising globally, reform is necessary. It would uphold the rule of law, enhance national security and help build safer communities both at home and abroad. We are renowned worldwide for our commitment to the rule of law […] yet there is this serious gap.'
As it stands, universal jurisdiction is only included in the Geneva Convention Act 1957 and in relation to the crime of torture in Section 134 of the Criminal Justice Act 1988 . When the UK was incorporating the Rome Statute into its domestic legislation with the ICCA (and the ICCA Scotland 2001), it included active personality extraterritorial jurisdiction only, and the ICCA does not allow for universal jurisdiction. As such, UK courts can prosecute breaches of the Geneva Convention or torture committed anywhere in the world, but they cannot do so in relation to Rome Statute crimes. Sections 51 and 58 of the ICCA of 2001 do not allow UK courts to prosecute genocide, crimes against humanity or war crimes if the crimes were committed outside of the UK and British citizens or residents were not involved.
This means that the UK judicial system is prevented from playing an active role in contributing to the international efforts to ensure justice and accountability for international crimes. Alleged perpetrators of such crimes can travel to or via the UK with impunity.
Earlier this year the Joint Committee on Human Rights (JCHR), of which Baroness Kennedy is a member, published two reports which touch upon the challenges of utilising universal jurisdiction effectively, namely the Accountability for Daesh crimes report and the Legislative Scrutiny: Crime and Policing Bill report. Both reports make clear recommendations to ensure that the current shortfalls concerning the principle of universal jurisdiction are addressed.
Subsequent months will see more IBAHRI initiatives on universal jurisdiction, including:
- the launch of Universal Jurisdiction: Good Practice Guide for Law and Policymakers, a guide detailing examples of good practice around the world, identifying legislative and policy components that are key to providing a better basis for the use of universal jurisdiction;
- on 28 October, a Parliamentary session 'From Mass Graves to Courtroom - Preserving and Using Evidence from Mass Graves' featuring Dr Melanie Klinkner, Professor in International Law, Bournemouth University, lead author of the Bournemouth Protocol on Mass Grave Protection and Investigation ; Rt Hon Alistair Burt, Commissioner of International Commission on Missing Persons ; Rupert Skilbeck, Director of REDRESS, Chantal Joubert, Ministry of Justice and Security of the Netherlands, The Ljubljana-Hague Convention on Mutual Legal Assistance ; and
- on 5 November 2025, a session during this year's IBA Annual Conference in Toronto, Canada, titled ' No sanctuary for perpetrators of international crime: the use of universal jurisdiction in the pursuit of justice '. Experts will discuss the use of universal jurisdiction globally, mapping the plethora of cases from the last five years. How the cases came into being, including by way of civil society engagement, will be a focus point for participants, alongside consideration of how the approaches in response to the war in Ukraine can help make universal jurisdiction more widely used.
Further initiatives to be announced.
