Flashcards in 6 - Jurisdiction Deck (17)
What is jurisdiction?
Jurisdiction is the entitlement of states to authoritatively enact and enforce their laws within their state.
What is the purpose of international law on jurisdiction?
Int Law allocates jurisdiction between states and helps prevent double jeopardy. Also settles cases of conduct when states act outwith their legal capacity.
How is jurisdiction established?
Connecting factors or genuine connections.
What are the various types of jurisdiction?
There are 3 types - legislative (parliament) , judicative (judge) and enforcement (policemen, civil servant)
What are the 5 principles a state can claim jurisdiction on?
Territoriality, Nationality, Protection, Passive Personality and Universality.
What is territoriality in relation to jurisdiction?
States can exercise authority over all acts that take place on their territory through legislation, and prosecute all those who violate the laws in force on that territory.
A man is standing in State A and shoots someone across the border in State B. Which state can claim jurisdiction?
Both. State A can claim subjective territoriality and State B can claim objective territoriality.
What is nationality in relation to jurisdiction?
States can claim authority over their nationals, no matter where they are.
What is an example of nationality in relation to jurisdiction?
US nationals are under a duty to pay taxes to the United States, even if they reside elsewhere.
Can states prosecute their nationals if the suspect is abroad and the crime was committed abroad also?
Yes, IE, if a Dutch national is suspected of committing murder in Japan, then the suspect can be prosecuted by Dutch authorities in Holland.
What is protection in relation to jurisdiction?
It is accepted that states can claim jurisdiction over activities that endanger them, even if those activities take place elsewhere and are ascribed to non-nationals.
What is an example of protection in relation to jurisdiction?
The United States could claim jurisdiction over a group of Russians printing counterfeit US dollars in a basement in Hamburg.
What is passive personality in relation to jurisdiction?
Passive personality holds that a state can prosecute anyone who harms its nationals no matter where this occurs.
Why is passive personality not really an accepted principle in international law?
It sends a message to the other state that its legal system is not good enough; a crime committed against Italians in Norway, could under this idea better be dealt with in Italy than in Norway.
What is Universality?
The idea that some crimes are so abhorrent that all states can legislate and prosecute, regardless of the involvement of their territory or nationals.
What happened in the Eichmann case?
In this case, israel were allowed to use the universality principle in prosecuting a nazi they captured in argentina due to the severe nature of the crimes he committed