Week 5
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Questions and Answers

What is the primary purpose of extradition treaties?

  • To make extradition automatic for all nations.
  • To ensure that nations have a duty to surrender individuals.
  • To regulate the process of extradition between different nations. (correct)
  • To provide immunity to criminals who flee to another country.

    • In cases of concurrent jurisdiction, which state typically has the stronger claim to investigate and prosecute?

  • The state that is geographically closer to the crime scene.
  • The state that can provide the harshest penalty.
  • The state that has historical ties to the crime.
  • The state that has the subject in custody. (correct)

    • What principle relates to the obligation to extradite or prosecute?

  • Actus reus.
  • Nullum crimen, nulla poena sine lege.
  • Aut dedere, aut judicare. (correct)
  • Stare decisis.

    • Which of the following is NOT an example of extraterritorial jurisdiction?

    <p>Local traffic violations occurring in another country.</p> Signup and view all the answers

    Which document established the legal framework for prosecuting genocide and war crimes post-Nuremberg?

    <p>The Rome Statute.</p> Signup and view all the answers

    What principle authorizes a state to exercise jurisdiction over non-nationals for offenses committed outside its borders when these acts threaten national security?

    <p>Protective principle</p> Signup and view all the answers

    Which of the following defines nationality in the Nottebohm Case?

    <p>A social fact of attachment and connection</p> Signup and view all the answers

    Which jurisdiction principle claims authority over crimes committed abroad by aliens against its nationals?

    <p>Passive nationality</p> Signup and view all the answers

    What is considered a controversial jurisdiction principle that views injuring a national as injuring the state itself?

    <p>Passive nationality</p> Signup and view all the answers

    Which of the following is NOT a basis for determining a person's nationality?

    <p>Education status</p> Signup and view all the answers

    Which principle allows for the prosecution of individuals for crimes universally recognized as heinous, such as genocide and war crimes?

    <p>Universal jurisdiction</p> Signup and view all the answers

    Which jurisdiction principle is grounded in the idea of reciprocal rights and duties between a state and its nationals?

    <p>Passive nationality</p> Signup and view all the answers

    What is a major historical foundation of universal jurisdiction?

    <p>Piracy</p> Signup and view all the answers

    What was the primary legal principle used by the Israeli court to justify jurisdiction over Adolf Eichmann's trial?

    <p>Universal jurisdiction</p> Signup and view all the answers

    What type of immunity did Augusto Pinochet establish for himself before leaving office?

    <p>Absolute immunity</p> Signup and view all the answers

    Which of the following states issued an arrest warrant for Augusto Pinochet in 1998?

    <p>Spain</p> Signup and view all the answers

    What is a fundamental constraint on a state's jurisdiction over foreign nationals?

    <p>Minimum standard of treatment</p> Signup and view all the answers

    Under what conditions is expropriation considered a violation of international law?

    <p>When not for public purpose with compensation</p> Signup and view all the answers

    What does extradition refer to in international law?

    <p>The legal surrender of an individual accused of a crime</p> Signup and view all the answers

    What was one of the reasons for the Israeli court's decision to prosecute Eichmann?

    <p>The crimes had a widespread and harmful international impact</p> Signup and view all the answers

    Which of the following best describes the concept of universal jurisdiction?

    <p>The ability of any state to prosecute individuals for serious crimes regardless of where they occurred</p> Signup and view all the answers

    What does territorial jurisdiction allow a state to do?

    <p>Maintain law and order within its territory</p> Signup and view all the answers

    How does the subjective territorial principle differ from the objective territorial principle?

    <p>Subjective applies to crimes started abroad, objective applies to crimes started within the territory</p> Signup and view all the answers

    In the Lotus case, what was the primary argument presented by the French government?

    <p>Turkey lacked jurisdiction to prosecute actions conducted outside its territory</p> Signup and view all the answers

    What principle allows a state to prosecute its own nationals for crimes committed anywhere in the world?

    <p>Active nationality (personality) principle</p> Signup and view all the answers

    Which scenario exemplifies the objective territorial principle?

    <p>A citizen committing a crime that results in harm within their home state, while abroad</p> Signup and view all the answers

    What was the significance of the PCIJ's ruling in the Lotus case?

    <p>Turkey could assert jurisdiction on the basis of its vessel's extension into international waters</p> Signup and view all the answers

    What is NOT included in a state's territory under jurisdictional authority?

    <p>High seas</p> Signup and view all the answers

    Which of the following describes the primary duty of a government regarding its territorial jurisdiction?

    <p>To maintain law and order within its own territory</p> Signup and view all the answers

    Study Notes

    Public International Law - Jurisdiction

    • Territorial Jurisdiction:
      • A state has sovereignty over its territory and can prosecute acts within its boundary.
      • This includes land, airspace, internal waters, territorial seas, and national aircraft/vessels.
      • Subjective Territorial Principle: A state can prosecute crimes initiated within its territory, even if completed elsewhere.
      • Objective Territorial Principle: A state can prosecute crimes that, although initiated elsewhere, had significant consequences or a completion within its territory.

    Lotus Case (PCIJ 1927)

    • Collision between a French and Turkish ship on the high seas resulted in the death of Turkish nationals.
    • Turkey initiated criminal proceedings against a French officer.
    • The French government argued Turkey lacked jurisdiction due to the incident occurring on the high seas.
    • The Permanent Court of International Justice (PCIJ) ruled in favor of Turkey, stating that a state is free to exercise jurisdiction unless prohibited by international law.
    • This demonstrates the absence of a strict prohibition against exercising jurisdiction outside the state's territory.

    Nationality Jurisdiction

    • States can exercise jurisdiction over their nationals, irrespective of location.
      • Active Personality Principle: A state can prosecute its own nationals for crimes committed anywhere in the world.
      • Passive Personality Principle: A state can prosecute foreigners for crimes against its nationals committed elsewhere, although this principle is controversial.
    • Determining nationality can be complex, with factors including jus soli (place of birth), jus sanguinis (citizenship of parents), acceptance of public office, marriage, and permanent residence.

    Protective Principle

    • A state can exercise jurisdiction over non-nationals when their actions threaten the state's security, territorial integrity, or political independence (even if the act occurs outside the state's territory).
    • Actual harm is not always necessary for this principle to apply.

    Universal Jurisdiction

    • When acts are so grave they violate international law and threaten the international community, all states may prosecute.
    • This principle's historical roots include piracy and often extends to gross violations of human rights (torture, genocide, war crimes).
    • Universal jurisdiction has been used in various contentious cases, including those involving individuals with a strong international character or whose actions have serious harmful consequences for the international community.

    Constraints on Jurisdiction

    • Foreign nationals are generally expected to obey the laws of a state.
    • International law establishes a minimum standard for treatment of foreign nationals.
    • Expropriation: Taking the property of a foreign national is prohibited under international law unless it meets specific criteria (e.g., for a public purpose, non-discriminatory, accompanied by just compensation).

    Extradition

    • Extradition is the surrender of an alleged criminal by one state to another for prosecution.
    • International treaties are necessary to establish a legal basis for extradition.
    • States are not obligated to extradite an individual to another country in the absence of an extradition treaty.

    Concurrent Jurisdiction

    • It is possible for multiple states to claim jurisdiction over a single act.
    • The state where the suspect is located or imprisoned has a presumptive stronger claim for jurisdiction.
    • Obligation to extradite or prosecute (aut dedere, aut judicare): states may have a duty to either extradite a suspect to another state that claims jurisdiction or prosecute the suspect themselves.

    Extraterritorial Jurisdiction

    • States can assert jurisdiction over actions taking place outside their territory under specific circumstances.
    • The "effects doctrine" allows jurisdiction if the effects within the state are significant enough to authorize prosecution.
    • Historical examples include piracy, slave trade.
    • Modern examples include serious human rights violations (e.g., genocide, war crimes, torture) as well as international cooperation to prosecute these violations through specialized bodies like the International Criminal Court (ICC).

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    Related Documents

    Week 5 Jurisdiction PPT PDF

    Description

    Test your knowledge on the principles of territorial jurisdiction in public international law. This quiz covers key concepts such as the subjective and objective territorial principles, as well as the significant Lotus Case ruling. Dive into the complexities of state sovereignty and jurisdictional claims.

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