Monitoring Universal Jurisdiction’s Rocky Road

ABSTRACT This article examines the first trial worldwide to address crimes committed in The Gambia during President Yahya Jammeh’s rule. The trial, which was held in Germany under the principle of universal jurisdiction, concluded with the conviction and life imprisonment of Bai L., inter alia, for crimes against humanity. The trial raises several critical questions: Which of the challenges that emerged during the proceedings are characteristic of universal jurisdiction trials? How did the Court address these issues? What does this trial reveal about Germany’s often praised pioneering role in prosecuting international crimes? And which broader reflections on the use (and misuse) of universal jurisdiction are called for? The article draws on the authors’ experience as part of a Trial Monitoring Project that accompanied and documented the entire trial. By integrating insights both from the trial itself and from its monitoring, the article broadens the scope of ongoing discussions concerning universal jurisdiction, offering an additional layer to the discourse in Germany and other jurisdictions.