Jurisdiction Flashcards
What is the main case concerning jurisdiction?
Lotus Case
What rules did the Lotus case establish?
- states cannot exercise jurisdiction outside of its territory unless international law permits it
- Within its own territory, a state may exercise jurisdiction without the permission of international law
What are the three main types of jurisdiction?
- jurisdiction to prescribe - law-making
- adjudication - authority of courts
- jurisdiction to enforce
Which case goes against the findings in the lotus case? What did it state?
Ex Parte Bennett 1993
in principle, it is possible to exercise jurisdiction in another state as long as there is no abuse of power
What are the main principles of jurisdiction?
Territorial
Nationality - passive personality / protective
Universal
What does the territorial principle state?
When events take place within a states territory, that state can exercise jurisdiction
What is the main case concerning the territorial principle? Facts?
The Lockerbie bombing case
Plane made multiple stops between different countries - bomb was planted in one of the countries, and when the plane was flying over Scotland to the US, the plane exploded
held that Scotland has jurisdiction as the event took place within its territory; Scottish law applied and the case governed by Scottish judges
What is the nationality principle?
State may exercise jurisdiction over its nationals, wherever they may be
What is the passive personality principle?
Jurisdiction is based on the nationality of the victim
e.g. Britain will have jurisdiction over a case concerning a British victim
What is the main case concerning the passive personality principle? Facts?
US v Yuris
Lebanon national hijacked and crashed plane holding US nationals
It was held that the US could exercise jurisdiction because the victims were US passengers
What is the protective principle? Example
Jurisdiction over conduct threatening “vital interests” of the state
Eichmann case - Eichmanns crimes against Jewish people may have threatened the existence of Israel, IF it were a state at the time
What is universal jurisdiction?
crimes that are so serious, all states have an interest in prosecution
for example, Genocide was sufficiently serious in the Eichmann case
What is the main case concerning universal jurisdiction, and what are the facts?
Belgium v Congo
Belgium issued arrest warrant for war crimes, against the foreign minister of Congo
Belgium was not connected in any way, but the crime was sufficiently serious for there to be jurisdiction
However - heads of state can enjoy state immunity, even for international crimes; therefore no jurisdiction
