Universal jurisdiction

Serbia

Serbia - Criminal Code 2006 (2009) EN

GENERAL PART

CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

Special Requirements for Criminal Prosecution for Offences Committed Abroad
Article 10

(3) In case referred to in Article 9 paragraph 2 hereof, if the act at time of commission was considered a criminal offence under general legal principles of international law, prosecution may be undertaken in Serbia following the permission of the Republic Public Prosecutor, regardless of the law of the country where the offence was committed.

Serbia - Law on cooperation with the International Criminal Court 2009 EN

II CRIMINAL CHARGE AND THE RECEIVING OF PROSECUTOR'S NOTIFICATION ON CRIMINAL OFFENCE

Reporting Criminal Offence to the Prosecutor

Article 11

It is the duty of all state authorities to report to the competent Public Prosecutor the criminal offences mentioned in Article 1 of this Law which they have been notified of or they have learnt about in another manner if no criminal proceedings are in force in the Republic of Serbia, in some other State or before the International Criminal Court in respect of the criminal offence concerned.

If the criminal proceeding is not possible to instigate or conduct in the Republic of Serbia due to factual or legal obstacles or for some other reasons, the competent Public Prosecutor shall notify the Ministry thereabout.

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.