French courts do not have universal jurisdiction per se. However, it has jurisdiction to hear cases relating to atrocities committed abroad for the following international crimes: (1) war crimes, (2) genocide, and (3) crimes against humanity.

The jurisdiction is conditioned by the active personality requirement and the passive personality requirement. This means that French courts have jurisdiction in the following three circumstances:
1. The perpetrator is a French citizen.
2. The victim is a French citizen.
3. The perpetrator is a resident of France.

An exercise of “universal jurisdiction” in France requires the presence of the alleged perpetrator within French territory at the time the proceedings are initiated in France. Proceedings cannot be initiated in the absence of that person.

Note: French courts have jurisdiction over the crimes of genocide, crimes against humanity and war crimes that take place outside of French territory. With the exception of genocide, the crime in question must also be punishable by the legislation of the State where it was committed or that State must be a party to the Rome Statute.

NGOs or any direct victim as per the Code of Criminal Procedure can request the opening of investigations by filing a complaint to a public prosecutor** or by submitting a civil party petition to an investigating judge.

** Victims can also file a complaint to the police/gendarmerie who then review and transmit it to the public prosecutor who decides on further actions.

Note: NGOs can file a complaint in their own right if they defend a special interest that is listed in the Code of Criminal Procedure art. 2-1 to art 2-24. Yazidi victims fit into the requirements of the following articles:
– Art 2-1: Discrimination based on race, ethnicity, religion.
– Art 2-2: Sexual violence & sequestration. Condition that victim be of legal age on the date of the acts.
– Art 2-3: Sexual violence & sequestration. Provision for minors.
– Art 2-4: Crimes against humanity & war crimes.
– Art 2-5: Discrimination based on sex & violence thereof.
– Art 2-17: Dignity, physical & psychological exploitation.
– Art 2-22: Slavery & human trafficking.

Complaint with Prosecutor:
For crimes falling within the jurisdiction of the ICC, the prosecutor has the discretion to open (or to close) an investigation and must ensure no other national or international court has asserted its jurisdiction over the case or has requested extradition of the alleged perpetrator.

Note that this discretion does not apply in civil party petitions.

If the district prosecutor has made a decision to close the case, an appeal to the prosecutor general is possible. The prosecutor general may instruct the district prosecutor to initiate a prosecution but can also decide that the appeal has no grounds and inform of his decision not to go any further. This decision of the prosecutor general is definitive and cannot be appealed. Practice in France has shown that appeals to the prosecutor general are not considered an effective recourse by victims or NGOs. (Article 40 Criminal Procedure Code)

Note: advantage with prosecutor is that he/she has the power to to directly take the suspect into custody (cf Articles 62-2, 62-3 & 63 Criminal Procedure Code). 

Civil party petition:
Victims & NGOs can file the petition directly to the investigating judge. This triggers the obligation to open a judicial investigation. 
It nevertheless requires that the prosecutor issue a request regarding the opening of an investigation (réquisitoire) so that the investigating judge can indeed investigate.

Once an investigation is opened, the investigation judge can issue an arrest warrant or summon the suspect.

The investigating judge may decide not to investigate but this is subject to strict conditions: facts don’t give rise to a criminal act or the statute of limitations has passed.

This may be filed any time: it can either trigger the investigation or join an ongoing investigation. 

If it is declared inadmissible, the victim may appeal to the investigating chamber.

Disadvantage: Huge delay between filing & opening of investigation – can take 8 months.

1. Pre-trial – the initiation of investigation can be done by authorities (judicial police, prosecution) or by victims/NGOs.

2. Investigation – the district prosecutor fixes a time limit which can be extended depending on how the investigation is going. If judicial police carry out inquiries at their own initiative, they must submit a progress report to the district prosecutor within 6 months. For investigating judges, the investigation must be completed within a reasonable time, depending obviously on the case at hand.

If complaint was made to public prosecutor: once enough evidence gathered & suspect identified, the case is referred to the investigating judge. The latter deals with it as though he received a civil party petition directly.

If civil party petition was made: at the end of the investigation, he can order the indictment of the accused. The investigating judge can (1) order not to investigate, (2) dismiss → can be challenged by the victim, (3) refer when the charges against the indicted person constitute a crime → referral to criminal court.

National or international if the suspect has left France or resides outside France.

3. Trial – this takes place in criminal courts. The Accused and Office of the Public Prosecutor have the right to appeal any judicial decision. It must be lodged within 10 days of pronouncement of the judgment. Appeal is heard by a jury of 12 citizens selected randomly.

Investigation Stage (Article 10 Criminal Procedure Code):
1. You have the right to be informed on your rights;
2. You may seek compensation (financial or by other means) for your damages;
3. You have the right to become a civil party;
4. You have the right to a lawyer;
5. You have the right to support by an NGO;
6. You have the right to be informed on possible protective measures;
7. You have the right to an interpreter if you do not understand the French language well enough;
8. You have the right to be informed by the prosecutor of their decision to investigate/close the case;
9. You have the right to challenge a dismissal decision.

Trial Stage (Criminal Procedure Code):
1. You have the right to a closed hearing when the trial concerns the crime of torture committed with sexual violence (Article 306 para. 3 CCP.);
2. You have the right to call witnesses and experts (Articles 281, 329 and 330 CCP.);
3. You have the right to question witnesses ( Articles 312 and 332 CCP);
4. You have the right to an interpreter if you do not understand the French language well enough (Article 344 CCP.);
5. You have the right to request the recusal of the judge based on a legitimate suspicion (Article 662 CCP.);
6. You have the right to file legal briefs (Article 315 CCP.);
7. You have the right to have a free copy of all procedural files (Article 279 CCP.);
8. You have the right to be heard by the Court (not as a witness and not under oath) (Article 335 & 346 CCP.);
9. You have the right to reparation ( Articles 2 and 3 CCP.);
10. You have the right to appeal the judgement.

France adopted the EU victims’ rights directive (Technical note: EU directives are binding on member states).

Note: there are witness & victim protection measures – using address of police station rather than their own, testifying anonymously, use of assumed identity, identity protection during the trial.

Article 10-2 of the Criminal Procedure Code sets out that victims can receive reparation in the form of indemnity or other form of restorative justice. Victims have the right to become a civil party (art 85, 88, 89 Criminal Procedure Code).

They need not necessarily be bundled with the criminal complaint, they should be filed once the criminal complaint has been filed – the victim would need to show proof of receipt by the prosecution of their case (lettre recommandé avec accusé de réception → letter sent that is recommandé with proof of receipt). These can run concurrently to criminal proceedings.
Public prosecutors may initiate public proceedings in front of civil courts.

Victime has the right during trial to become a civil party and to apply for reparation in the form of monetary damages against the perpetrator at any time during the trial until the closing of the debates. Note that the standard at this stage to become a civil party is higher than during the investigation stage – the victim must be able to demonstrate that he/she suffered personal damages directly caused by the offense.

Any claim for monetary damages will be adjudicated by the 3 judges of the criminal court after it has made a decision on the criminal action. A jury is not involved in this determination. The court determines the sum paid to the victim.

In cases where the criminal action was acquitted or exempted from penalty, the victim may still apply for compensation insofar as it derives from the matters of which the perpetrator was accused.