Jump directly to main navigation Jump directly to content

Establishing International Justice at Home

Practical Guidelines for the Setting Up and Functioning of National War Crimes Units

Under international law, the primary responsibility for investigating and prosecuting genocide, crimes against humanity, and war crimes lies with states. While international tribunals such as the International Criminal Court play an important role, certain situations may fall outside their practical or jurisdictional reach. In this context, specialised national war crimes units (WCUs) can help address accountability gaps by investigating a broader range of crimes across wider temporal and territorial contexts and by pursuing a larger number of suspects. Over the past two decades, national authorities have increasingly taken the lead in prosecuting core international crimes, including under the principle of universal jurisdiction. Countries such as Argentina, France, Germany, the Netherlands, Sweden and Ukraine have developed specialised approaches and accumulated important practical experience in addressing international crimes domestically.

Yet no comprehensive, practitioner-driven blueprint currently exists to guide states in the design, establishment, and operationalisation of WCUs. Against this background, the International Nuremberg Principles Academy (the Nuremberg Academy) initiated the project Establishing International Justice at Home: Practical Guidelines for the Setting Up and Functioning of National War Crimes Units (the Guidelines). The project responds to a concrete gap in the accountability landscape. While many jurisdictions have adopted relevant legal frameworks, the principal challenges to effective prosecution increasingly arise at the operational level. The Guidelines are being developed through a structured global consultation process involving four regional workshops. Bringing together senior prosecutors, investigators, judicial practitioners, institutional experts and civil society representatives, the consultations will focus on institutional design, investigative practice, and the long-term sustainability of WCUs. 

The process begins with a regional workshop in Europe and will subsequently include consultations in Africa, Latin America, and Asia, ensuring that the Guidelines reflect diverse legal systems, institutional contexts and resource environments. The final Guidelines will provide national authorities, prosecutors, policymakers and investigators with a practical roadmap for establishing and strengthening WCUs. Topics will include legal and institutional frameworks, organisational models, staffing and investigative methods, cooperation with civil society and diaspora communities, victim and witness protection, and resource planning for long-term sustainability. The Nuremberg Academy intends the Guidelines to serve as a living reference document that can evolve alongside practice and continue supporting global efforts to combat impunity for the most serious international crimes. (ah/gp)