Assembly/AU/11 (XIII) Annex II Page 13   state is Ireland. Many of these states have adapted their national laws to provide for universal jurisdiction over grave breaches of the 1949 Geneva Conventions and of 1977 Additional Protocol I, over the crime of torture recognised in the Convention against Torture 1984 and over the crimes recognised in some or all of the various conventions dealing with terrorist acts. 23. Other EU Member States grant universal jurisdiction over international crimes on the basis of customary international law as well.80 Such countries include Belgium (universal jurisdiction over genocide, crimes against humanity and war crimes81), the Czech Republic (universal jurisdiction over genocide, certain war crimes and crimes against peace82), Denmark (universal jurisdiction over genocide, crimes against humanity and war crimes83), Finland (universal jurisdiction over genocide, crimes against humanity and war crimes84), France (universal jurisdiction over the crimes within the respective jurisdictions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)85), Germany (universal jurisdiction over genocide, crimes against humanity and war crimes86), Luxembourg (universal jurisdiction over genocide, crimes against humanity and war crimes87), the Netherlands (universal jurisdiction over genocide, crimes against humanity and war crimes88), Spain (universal jurisdiction over genocide, crimes against humanity and war crimes89), Sweden (universal jurisdiction over crimes against international law90) and the UK (universal jurisdiction over genocide, crimes against humanity and war crimes91). 24. The exercise of universal jurisdiction is often subject to legal limitations, including the following:                                                              80 These states also provide for universal jurisdiction where such exercise is envisaged or rendered mandatory by international treaties to which the relevant state is party. 81 Code of Criminal Procedure, Part 1, article 10(1bis) (jurisdiction where suspect has, at the time proceedings are initiated, been effectively, habitually and legally present in Belgium for at least three months). 82 Criminal Code, section 19. 83 Penal Code, paragraph 8(a) (jurisdiction where, inter alia, the suspect is present in Denmark when proceedings are initiated). 84 Penal Code, Chapter 1, section 7, cross-referenced with Decree on the application of Chapter 1, section 7 of the Penal Code. 85 Law No 95-1 of 2 January 1995, article 2 and Law No 96-432 of 22 May 1996, article 2 respectively. 86 Code of Crimes against International Law, section 1. 87 Law of 11 July 2000 approving the Statute of the International Criminal Court. 88 International Crimes Act 2003, section 2(1)(a) (jurisdiction over anyone who commits any of the crimes defined in the Act if the suspect is present in the Netherlands when proceedings are initiated). 89 Law 6/1985 of 1 July 1985 on the Competence of the Courts, article 23(4)(a) and (g). Note that Spanish law does not permit the exercise by the Spanish criminal courts of passive personality jurisdiction, with the result that, even where the victim of the alleged crime is a Spanish national, the courts must exercise what, under Spanish law, is expressly characterized as universal jurisdiction. In some cases of this sort, the Spanish nationality of the victims, or of one or some of the victims, has been used by the courts as a ‘legitimating link’ justifying, in policy terms, their assumption of universal jurisdiction. Under international law, however, passive personality jurisdiction would provide a formal alternative legal basis for Spanish jurisdiction in such cases. 90 Penal Code, Chapter 2, section 3(6). 91 International Criminal Court Act 2001, section 68 (jurisdiction where the suspect is resident in the UK when the criminal proceedings are brought) and International Criminal Court (Scotland) Act 2001, section 6 (ditto). See also, in relation to certain war crimes, War Crimes Act 1991, section 1(1) and (2) (jurisdiction over persons who, subsequent to the alleged offence, become UK nationals or residents). Version 31 March 09(FINAL)