Assembly/AU/11 (XIII) Annex II Page 3   (b) Approaches to Universal Jurisdiction in the National Law and Practice of Member States of the AU and EU; (c) The Jurisdiction of the International Criminal Court; (d) The Key Points AU-EU Concern over Universal Jurisdiction; and (e) Recommendations. 10. The main points made in each area are as following: (a) Definition and scope of the Principle of Universal Jurisdiction 11. In relation to the definition and scope of the Principle of Universal Jurisdiction the following points were made: (i) Definition and Content 1. Universal criminal jurisdiction is the assertion by one state of its jurisdiction over crimes allegedly committed in the territory of another state by nationals of another state against nationals of another state where the crime alleged poses no direct threat to the vital interests of the state asserting jurisdiction. 2. International law, both customary and conventional, regulates states’ assertion of universal criminal jurisdiction. States by and large accept that customary international law permits the exercise of universal jurisdiction over the international crimes of genocide, crimes against humanity, war crimes and torture, as well as over piracy. In addition, numerous treaties oblige states parties to empower their criminal justice systems to exercise universal jurisdiction over the crimes defined in those treaties, although this obligation extends only to the exercise of such jurisdiction when a suspect is subsequently present in the territory of the forum state. 3. When not constrained otherwise by treaty, states tend to exercise universal jurisdiction in a variety of ways. Some national legislation, jurisprudence or practice may require that universal jurisdiction is to be exercised only when the suspect is subsequently present on the territory of the forum state; other national law or practice permits the exercise in absentia of such jurisdiction. Some national law or practice requires that suspects or, alternatively, victims be habitually resident in the forum state at the time the criminal justice system is engaged. (ii) Distinction with other bases of jurisdiction under international law 1. Customary international law permits states to exercise criminal jurisdiction on a variety of other bases. First and foremost, a state may prosecute persons of any nationality who commit crimes of any nature within its territory. This is known as the territoriality principle. A state may also Version 31 March 09(FINAL)