Universal jurisdiction

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Section 3 Trial

Chapter 1 Authority of the Courts in Proceeding with Criminal Cases

Crimes Perpetrated Outside of the Country’s Territory

Article 180:

If the crime is committed outside the country’s territory, and the provisions of Afghanistan laws are applicable to the crime, and the accused person has not been arrested in Afghanistan or does not have a specific residence in Afghanistan, Kabul province court is the competent court.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.