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.
