Practice Relating to Rule 157. Jurisdiction over War Crimes
Austria’s Penal Code (1974) provides:
The following crimes committed abroad are punished under Austrian criminal law irrespective of the criminal law of the scene of the crime:
(6) other punishable acts which Austria is under an obligation to punish even when they have been committed abroad, irrespective of the criminal law of the scene of the crime.
In its judgment in the Cvjetković case
in 1994, Austria’s Supreme Court held that the Austrian courts were entitled to exercise jurisdiction over the accused under Article 6 of the 1948 Genocide Convention.