The following are the key features of the 17 July 2002 Agreement:
The accused's presence on Belgian territory is no longer a required condition
The agreement confirms the will, already expressed by the legislature in 1993, that complaints against presumed perpetrators of crimes against humanity, war crimes and genocide are admissible, even if the accused parties are not on Belgian territory.
A 'pure' universal jurisdiction of Belgian courts in accordance with the jurisdiction of the International Criminal Court
The agreement confirms the principle of universal jurisdiction and therefore of the jurisdiction of the Belgian courts without nexus requirements.
The agreement, however, limits victims' invocation of universal jurisdiction to particular cases. In cases in which the alleged crimes have not been committed on Belgian territory and the plaintiffs are neither Belgian nor resident on Belgian territory for one year or more and the accused is not on Belgian territory, only then will the Federal Prosecutor will be competent to initiate proceedings.
The accused's presence on Belgian territory is no longer a required condition
The agreement confirms the will, already expressed by the legislature in 1993, that complaints against presumed perpetrators of crimes against humanity, war crimes and genocide are admissible, even if the accused parties are not on Belgian territory.
A 'pure' universal jurisdiction of Belgian courts in accordance with the jurisdiction of the International Criminal Court
The agreement confirms the principle of universal jurisdiction and therefore of the jurisdiction of the Belgian courts without nexus requirements.
The agreement, however, limits victims' invocation of universal jurisdiction to particular cases. In cases in which the alleged crimes have not been committed on Belgian territory and the plaintiffs are neither Belgian nor resident on Belgian territory for one year or more and the accused is not on Belgian territory, only then will the Federal Prosecutor will be competent to initiate proceedings.