Another ‘vanishing point of international law: The tenuous link between universal jurisdiction and national military jurisdiction over enemy soldiers in wartime

author David Turns ()
journal RIDP Libri (ISSN: )
volume 2026
issue Military Justice: Historical Perspectives and Contemporary Developments
section Part 1 - History of military justice
date of publication July 15, 2026
language English
pagina 59
OID
abstract

Doctrine at the intersection between international humanitarian law and international criminal law has long averred the principle of universal jurisdiction at customary international law over war crimes committed by enemy prisoners of war before capture. Contemporary treaty rules since 1945 have reaffirmed such a jurisdiction in the lex scripta, and there are examples of the prosecution of enemy war criminals under universal jurisdiction after various conflicts up to the present day. This article investigates the use of military courts to prosecute enemy prisoners during wartime and, through a selection of cases from various jurisdictions, asserts that the jurisdiction actually claimed in national laws in such cases generally does not concern war crimes and does not rely on universal jurisdiction as its international law basis.