All states are obliged to investigate with a view to prosecuting serious international crimes - genocide, crimes against humanity, war crimes, torture and enforced disappearances. This obligation is reflected in international treaties and customary international law.

International treaties, such as the United Nations Conventions on the Protection of all Persons from Enforced Disappearances of 2006, the UN Convention against Torture of 1984 and the Geneva Conventions of 1949 all oblige State Parties to ensure that those accused of committing the proscribed crimes are brought to justice, and include 'prosecute or extradite' or 'seek out and prosecutre' clauses aimed at ensuring that trials occur, regardless of where the crime took place and the location of the suspects.

The Rome Statute of International Crimes Court (ICC) reminds State Parties that it is the responsibility of each State to "exercise its criminal jurisdiction over those responsible for international crimes."