identified in international law as pertaining to international law, such as genocide, crimes against humanity and war crimes; 331 (c) it is based solely on the nature of the crime without regard to where the crime was committed, or the nationality of the perpetrator or the victim, 332 and (d) it is of a complementary nature to other jurisdictions. 333 298. In the Furundzija case, the ICTY asserted that “at the individual level, that is, that of criminal liability, it would seem that one of the consequences of the jus cogens character bestowed by the international community upon the prohibition of torture is that every State is entitled to investigate, prosecute and punish or extradite individuals accused of torture, who are present in a territory under its jurisdiction.” 334 In other words, at the present stage of international law, States are entitled to use this principle as grounds for the competence of their judges in relation to such crimes when those allegedly responsible are present in their territory. If they do so, and to what extent, will depend on their policies in this regard, determined, inter alia, by the relevance they give to the protection of human rights and the impact that the prosecution of the crimes based on the principle of universality may have on their foreign policy objectives. 335 299. Since 1945, several countries have prosecuted crimes against humanity in application of the principle of universal jurisdiction. 336 For example, the Spanish Constitutional Court established that the principle of universal jurisdiction (in relation to genocide) forms part of international law and the general obligations of States. 337 In the same way, the Spanish Audiencia Nacional has admitted for processing complaints relating to crimes of genocide, terrorism and torture committed in Guatemala between 1978 and 1986 and also complaints of presumed genocide in Tibet, even though it subsequently closed these cases. 338 Also, in the case of Scilingo, the Spanish Audiencia Nacional invoked the application of the universal August 12, 1949; and the Convention on the Prevention and Punishment of the Crime of Genocide). According to some authors, this is an international customary norm that is binding for all States. In this regard, see also: UN. International Law Commission Final report of the Working Group on the obligation to extradite or prosecute (aut dedere aut judicare), A/CN.4/L.844, June 5, 2014. Available at https://undocs.org/A/CN.4/L.844, and UN. International Law Commission Fourth report on the obligation to extradite or prosecute (aut dedere aut judicare), A/CN.4/648, May 31, 2011. Available at https://undocs.org/en/A/CN.4/648. 331 Cf. Institute of International Law. Universal criminal jurisdiction with regard to the crime of genocide, crimes against humanity and war crimes, Resolution of the Seventeenth Commission at the Krakow Session, 2005. See Customary International Humanitarian Law – Vol. I: Rules, ICRC, Cambridge University Press, p. 604 and ff (Rule No. 157). Similarly, the Princeton Principles on Universal Jurisdiction list the following crimes under international law that are subject to this type of jurisdiction: (1) piracy; (2) slavery; (3) war crimes; (4) crimes against peace; (5) crimes against humanity; (6) genocide, and (7) torture. United Nations. The Princeton Principles on Universal Jurisdiction, A/56/677, December 4, 2001, Principle 2. 332 Cf. UN. The Princeton Principles on Universal Jurisdiction, A/56/677, December 4, 2001, Principle 1. Cf. Institute of International Law. Universal criminal jurisdiction with regard to the crime of genocide, crimes against humanity and war crimes, Resolution of the Seventeenth Commission at the Krakow Session, 2005, para. 3.d See also: UN. Report of the Secretary-General to the General Assembly. The scope and application of the principle of universal jurisdiction, A/66/93, June 20, 2011. Available at https://undocs.org/en/A/66/93, and UN. Report of the Secretary-General to the General Assembly. The scope and application of the principle of universal jurisdiction A/70/125, July 1, 2015. Available at: https://undocs.org/A/70/125. 333 334 ICTY. Prosecutor v. Furundžija. Judgment of December 10, 1998, Case No. IT-95-17/1-T, para. 156 335 Cf. ICTY. Prosecutor v. Furundžija. Judgment of December 10, 1998, Case No. IT-95-17/1-T, para. 156. See also, International Law Commission First report on crimes against humanity by Sean D. Murphy, Special Rapporteur, A/CN.4/680, February 17, 2015. Available at: https://undocs.org/en/A/CN.4/680. 336 337 Spanish Constitutional Court. Judgment of September 26, 2005, STC 237/2005, consideranda 3, 4, 6 and 7. Spanish Supreme Court, Criminal Chamber. Judgment of cassation appeal of February 25, 2003, No. 803/2001; Audiencia Nacional, Criminal Chamber. Summary appeal proceeding of January 10, 2006, No. 196/005. 338 77