Week 4 - Jurisdiction and Immunities

Question 1

What are the forms of jurisdiction?

Answer 1

Legislative
Adjudicative
Enforcement

Question 2

What is the legislative jurisdiction

Answer 2

The legislature creates laws

Question 3

What is the adjudicative jurisdiction

Answer 3

The adjudicative bodies hear and determine individual cases

Question 4

What is the enforcement jurisdiction

Answer 4

The executive enforces the law

Question 5

What is the difference between subjective and objective territorial principle?

Answer 5

Subjective Territorial Principle (also known as the Territoriality Principle): Under the subjective territorial principle, a state asserts jurisdiction over crimes committed within its territory based on the concept of territorial sovereignty. It holds that a state has the right to exercise its criminal jurisdiction over all offenses that occur within its territory, regardless of the nationality of the perpetrator or the victim. According to this principle, the state’s jurisdiction is primarily determined by the physical location where the crime took place.

Objective Territorial Principle (also known as the Passive Personality Principle): The objective territorial principle, on the other hand, focuses on the nationality or citizenship of the victim or the perpetrator rather than the physical location of the crime. Under this principle, a state may assert jurisdiction over a crime committed abroad if it involves its nationals or citizens, even if the offense occurred outside its territory. This principle allows states to extend their jurisdiction to protect their citizens’ interests and hold perpetrators accountable for crimes committed against their nationals.

Both principles can be applied concurrently or separately depending on the specific legal frameworks, bilateral agreements, or customary international law in place. It’s worth noting that there are other principles and bases for establishing jurisdiction in criminal matters, such as the principle of universality (where certain offenses are considered crimes against humanity and can be prosecuted by any state), the principle of protective jurisdiction (where states assert jurisdiction to protect specific national interests), and the principle of active personality (where a state asserts jurisdiction based on the nationality of the perpetrator).

Question 6

What is nationality principle

Question 7

What is the active nationality principle

Question 8

What is the passive nationality principle

Question 9

What is the protective principle

Question 10

What is the universality principle