When Perpetrators and Victims Meet Again

This article examines Germany’s exercise of universal criminal jurisdiction (UCJ) from a hospitality perspective. It derives this perspective from recent theoretical writings, in particular Frédéric Mégret’s work on the role of victim diasporas in UCJ proceedings. Mégret argues that states exercising UCJ respond to a duty of hospitality towards those who have suffered abroad but are now on the territory of a new state. While presenting a convincing theoretical case, this perspective requires verification in the practice of states that actually exercise UCJ. This article therefore considers to what extent the recent surge of UCJ cases in Germany is linked to the presence of a victim diaspora on its territory. In addition, it assesses whether German legal and public discourse also assumes a duty of hospitality towards those victim diasporas or whether it rests the exercise of UCJ on more traditional approaches.