Practice Relating to Rule 157. Jurisdiction over War Crimes
Uruguay’s Law on Cooperation with the ICC (2006) states:
If a person who is suspected of having committed one of the crimes listed in Titles I to IV of Part II of the present law [including genocide, crimes against humanity and war crimes] is on the territory of the Republic [of Uruguay] or in places subject to its jurisdiction, the Uruguayan State is obliged to take all necessary measures to exercise its jurisdiction with respect to the pertinent crime or offence if it does not receive a request for surrender by the International Criminal Court or requests for extradition. The State of Uruguay must proceed with the prosecution as if the crime or offence was committed on the territory of the Republic, irrespective of the place of commission or the nationality of the suspect or the victims. The suspicion previously referred to in the first part of this paragraph must be based on the existence of prima facie
In 2012, in its third periodic report to the Committee against Torture, Uruguay stated:
Article 4, paragraph 2, [of the 2006 Law on Cooperation with the ICC] … states that, where a person suspected of having committed a crime under Act No. 18026 [2006 Law on Cooperation with the ICC, which incudes the criminalization of war crimes] is present in the territory of Uruguay or in a place subject to its jurisdiction, the State is obliged to take the necessary steps to exercise its jurisdiction in respect of the crime or offence if it has not received a request for surrender to the International Criminal Court or an extradition request, and must prosecute the crime or offence as if it had been committed in Uruguayan territory, irrespective of where it was committed and the nationality of the suspect or the victims. The suspicion referred to in the first part of this paragraph must be based on reasonable grounds.