Principles Governing Jurisdiction

Play an AI-generated podcast conversation about this lesson

According to the Subjective Territorial Principle, what is the basis for a state to have jurisdiction over a crime?

The state within which a crime was commenced.

In the case of Treacy v. DPP, why did the House of Lords reject the appeal of the accused appellant?

A demand is considered made when uttered or written, regardless of where it might be received or take effect.

What principle confers jurisdiction on the state in which the crime was consummated?

Objective Territorial Principle (OTP).

According to Moore J in the dissenting judgment in the Lotus Case, what allows a state to prosecute an offender for a crime committed in its territorial jurisdiction?

The principle of constructive presence of the offender at the place where his act took effect. Signup and view all the answers

Under which principle does a state have jurisdiction based on the nationality of the person committing the crime?

Active Personality Principle. Signup and view all the answers

Which principle allows a state to prosecute a crime against its own national committed in another country?

Passive Personality Principle. Signup and view all the answers

What is the rationale for the territorial principle of jurisdiction?

The state as the place where the offence was committed has an interest in its punishment; the offender would invariably be a national of such a state and may be found in such territory; the place where the crime was committed is the forum convenience for trial of the accused. Signup and view all the answers

Explain the concept of primary jurisdiction in relation to territorial principle.

Territorial state exercises primary jurisdiction as against other claims, when jurisdiction is not exclusive. Signup and view all the answers

What is the Nationality Principle of jurisdiction based on?

It is based on the offender's nationality, regardless of where the crime was committed. Signup and view all the answers

Explain the Passive Personality Principle of jurisdiction.

Under this principle, a state can assert jurisdiction based on the nationality of the victim, regardless of where the crime took place. Signup and view all the answers

What does the Active Personality Principle of jurisdiction focus on?

It focuses on the nationality of the offender, allowing a state to assert jurisdiction over its nationals for crimes committed abroad. Signup and view all the answers

Explain the Universality Principle of jurisdiction.

Universality Principle allows any state to prosecute certain crimes, such as piracy or war crimes, regardless of where they were committed or the nationality of the offender or victim. Signup and view all the answers

What was the issue in the case of Yunis (No. 2) 681 F.Supp. 896 (1988)?

The issue concerned the apprehension of a Lebanese citizen by US agents in international waters and his prosecution in the US for alleged involvement in the hijacking of a Jordanian airliner. Signup and view all the answers

What connection did the US have with the hijacking case in Yunis (No. 2) 681 F.Supp. 896 (1988)?

The only connection between the hijacking and the US was the fact that several American nationals were on the flight. Signup and view all the answers

What principles did the Court accept as providing an appropriate basis for jurisdiction in Yunis (No. 2) 681 F.Supp. 896 (1988)?

The Universality principle and the passive personality principle. Signup and view all the answers

Explain the protective or security principle of jurisdiction.

It allows a state to assume jurisdiction over matters inimical to its security and integrity, regardless of the nationality of the offenders or where the offense was committed. Signup and view all the answers

What is the primary idea behind the active personality principle?

The active personality principle allows a state to exercise jurisdiction over its own nationals for acts committed outside its territory. Signup and view all the answers

How was the protective or security principle applied in the case of A.G of Israel v Eichmann?

The accused, a Gestapo Chief, was abducted from Argentina and tried for war crimes in Israel. Signup and view all the answers