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National criminal jurisdiction Gro Nystuen Jurisdiction: • The power of the State: - internally (at the national level) - externally (in relations with other states) - Jurisdiction reflects state sovereignty and equality of states - the basic principles of international law Sovereignty/equality • • State sovereignty: The State can do what it wants within its own borders or: The State is not subject to the authority of others Equality of States: States cannot infringe on the sovereignty of other states and they must agree on how to relate to each other and how to solve problems Three kinds of jurisdiction: 1) Legislative power (prescriptive jurisdiction) 2) Judicial power (court jurisdiction) 3) Executive power (enforcement jurisdiction) Civil/criminal jurisdiction • Civil jurisdiction (private international law): Often goes further than criminal jurisdiction – less sensitive in relation to sovereignty issues Different rules for different cases, for example: tort/ compensation, marriage/family law, commercial cases Criminal jurisdiction • • • • • The territorial principle The nationality principle The passive personality principle The protective principle The universality principle The territorial principle • All crimes committed within a State’s territory are within the legislative, executive and judicial jurisdiction of the state. • Exceptions: international agreements • (Exceptions: immunity (diplomatic, state, parliamentary)) The nationality principle • Nationality/citizenship is the link between the territory and its inhabitants • Nationality/citizenship derives from: - Jus sanguinis (born of nationals) - Jus soli (born in the territory) • Many Sates claim jurisdiction over crimes committed by their citizens The passive personality principle • Jurisdiction over foreigners for acts committed abroad, which affects nationals of the state • Become more accepted in recent decades following the development of international terrorism The protective principle • Jurisdiction over foreigners for crimes committed abroad, when the vital interests of the State is threatened • Reflected in many treaties The universality principle • Jurisdiction over foreigners abroad for certain crimes under international law: – Piracy (hijacking) – Slavery – War crimes – Crimes against humanity – Genocide Treaty based jurisdiction – Torture - CAT requires jurisdiction: – When the offence took place in the territory – When the offender is a national of the state – When the victim is a national (if appropriate) – When the offender is in the territory (and the state does not extradite him/her) Treaty based jurisdiction – Terror acts – several UN conventions: – Unlawful financing of terror acts (1999) – Suppression of Terrorist bombings (1997) – Unlawful Acts of Violence in Airports (1988) – Taking of Hostages (1979) – Unlawful Acts against the Safety of Civil Aviation (1971) – Unlawful seizure of aircraft (1970) Treaties on terror acts: • States parties shall establish jurisdiction: - When the offence is committed in the territory of the state (or on a vessel or aircraft of that state) - When the offence is committed by a national of that state - Jurisdiction may also be established when the offence was directed against nationals of the state, or against the states embassies or other government facilities abroad. Cases • The Lotus case (Permanent Court of Justice 1927) • The Eichmann case, (Israel Supreme Court, 1951) • The Congo v. Belgium case (International Court of Justice, 2000)