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15Apr10


Information provided by the Permanent Mission of Austria to the United Nations regarding the scope and application of the principle of universal jurisdiction


No. 66.000/2/2010

The Permanent Mission of Austria to the United Nations presents its compliments to the Secretary-General of the United Nations and with reference to General Assembly resolution 64/117 of 16 December 2009 entitled "The scope and application of the principle of universal jurisdiction" and to the Secretary-General's request in Note LA/COD/59 of 8 January 2010 has the honour to submit the following information:

"According to Section 64 of the Austrian Penal Code, Austrian courts have jurisdiction concerning certain crimes (e.g. extortive abduction, slave trade, trafficking in human beings, organized crime, drugs-related crime, air piracy, terrorism-related acts) committed outside Austria regardless of locally applicable law, if certain Austrian interests are affected. Under this provision Austrian courts are also competent for other crimes committed outside Austria regardless of locally applicable law if Austria is under an obligation to prosecute under international treaties.

According to Section 65 of the Austrian Penal Code, Austrian courts have jurisdiction concerning other crimes committed outside Austria if they are punishable under locally applicable law and if the perpetrator is caught on Austrian territory and cannot be extradited for a reason other than the nature or feature of his act."

The Permanent Mission of Austria to the United Nations avails itself of this opportunity to renew to the Secretary-General of the United Nations the assurances of its highest consideration.

New York, 15 April 2010

To the
Secretary-General of the United Nations
Office of Legal Affairs
Codification Division
United Nations Headquarters
New York

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This document has been published on 02Feb16 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.