UNIVERZALNA JURISDIKCIJA I NJEMAČKI KRIVIČNI ZAKON: PRIMJENA U PRESUDAMA ZA ZLOČIN GENOCIDA U REPUBLICI BOSNI I HERCEGOVINI
UNIVERSAL JURISDICTION AND THE GERMAN CRIMINAL CODE: APPLICATION IN GENOCIDE CONVICTIONS RELATED TO THE REPUBLIC OF BOSNIA AND HERZEGOVINA

Summary/Abstract: During the aggression against the Republic of Bosnia and Herzegovina, many crimes under international law could not be prosecuted before domestic courts due to wartime circumstances, whether because of a lack of capacity, political will, or security constraints. In such circumstances, universal jurisdiction enables national courts to prosecute crimes such as genocide, war crimes, and crimes against humanity regardless of where they were committed or who committed them. The main objective of this paper is to analyze the application of universal jurisdiction through the example of Germany and the case of Nikola Jorgić, who was convicted of committing genocide against Bosniaks in Doboj in 1992. German judicial practice, through the specific case of Nikola Jorgić, demonstrates that the application of this principle is not merely theoretical but can be effective and firmly grounded in law. The German Criminal Code and the Code of Crimes Against International Law enable courts to assume jurisdiction in cases of serious international crimes committed abroad, even when neither the perpetrator nor the victims are German nationals. By signing and ratifying international conventions, particularly the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and the 1984 Convention Against Torture, Germany accepted the obligation to prosecute perpetrators of the most serious international crimes regardless of territorial connection. The case of Nikola Jorgić represents the first significant example of the application of universal jurisdiction in practice. Jorgić was charged and convicted for a series of crimes against Bosniak civilians in Doboj in 1992, including killings, abuse, and deportations, which the Higher Regional Court in Düsseldorf characterized as genocide. The verdict demonstrates that national courts can act effectively as guardians of international justice and that state borders cannot protect perpetrators from accountability. This case also confirms that responsibility for genocide is not subject to any statute of limitations and that justice can be achieved even when local authorities are unable or unwilling to conduct judicial proceedings. The application of universal jurisdiction through the German judiciary sends a clear message to the international community that the protection of fundamental human rights and the basic norms of international law is an obligation shared by all states. The conviction of Nikola Jorgić clearly demonstrates that perpetrators of genocide cannot escape accountability, regardless of where the crime was committed or their nationality. It also contributes to the process of confronting the past, acknowledging the suffering of victims, and strengthening awareness of the need to prevent future crimes.

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