ULUSLARARASI KAMU HUKUKU I

As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction. Therefore, the correct option is C.

In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, the nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Therefore, the correct option is A.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad. The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory. Therefore, the correct option is D.

Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory. A state may exercise civil or criminal jurisdiction over its nationals on the basis that the nationality is a mark of allegiance which the person, charged with the crime, owes to his state of nationality. Therefore, the correct option is B.

Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. Therefore, the correct option is D.

Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is A.

States generally exercise jurisdiction over certain offences regardless of the nationality of the offender or the place of commission of crime. These offences are considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium. Any state may arrest persons committing these crimes, try and punish them under its domestic law. Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is E.

Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following:

• Foreign sovereigns and foreign states,
• Foreign public ships,
• Foreign armed forces,
• International organizations,
• Diplomatic representatives and consuls of foreign states. 

Therefore, the correct option is B.

Several principles are quoted as the basis of jurisdictional immunity:

a. Par in parem non habet imperium, i.e., an equal has no authority over an equal.
b. The principle of non­intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state.
c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act.
d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant.

Therefore, the correct option is C.

Under customary international law, diplomatic missions have three functions to perform:

• to protect the interests of the sending state and its nationals,
• to negotiate with the government of the receiving state, and
• to report about the conditions of the receiving state.

Therefore, the correct option is D.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction; territorial principle, nationality principle, protective principle, universality principle

the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory.

extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).

States generally exercise jurisdiction over certain offences regardless of the nationality of the offender or the place of commission of crime. These offences are considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium. Any state may arrest persons committing these crimes, try and punish them under its domestic law. Examples of such crimes are piracy, war crimes, and slave trade

Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following:
• Foreign sovereigns and foreign states,
• Foreign public ships,
• Foreign armed forces,
• International organizations,
• Diplomatic representatives and consuls of foreign states.

waiver: 1. The act of abandoning or refraining from asserting a legal right. 2. The instrument that declares the act of waiving (Martin, 2003: 532).

NOT: Soruyu hazırlayan öğretim üyesi tarafından bu soruda "doğru" cevabın şıklar arasına dahil edilmemiş olduğu görülmektedir. Doğru cevap I-II-III numaralı şıklarda belirtilen tüm örgütleri kapsamalıydı. BM'nin ayrıcalık/dokunulmazlık (immunity) hakkı yanında, BM uzman kuruluşlarının da (specialized agencies) belirli ayrıcalık ve dokunulmazlıkları bulunmaktadır. Bu husus, BM Genel Kurulu tarafından kabul edilen "Convention on the Privileges and Immunities of the Specialized Agencies" Konvansiyonu'nda yer almakta ve sorudaki ilgili iki uzman kuruluş Article 1/paragraph e ve g'de açıkça sayılmaktadır. Bu Konvansiyon'dan ders kitabının 129. sayfasında bahsedilmektedir. Dolayısıyla bu sorudaki doğru cevap, her üç kurumu da kapsamalıydı. Bu nedenle, ilgili soru iptal edilmelidir.

agrément: The formal diplomatic notification by a state that the diplomatic agent selected to be sent to it by another state has been accepted, i.e. is persona grata and can consequently become accredited to it. The agrément is the reply to a query by the sending state, which precedes the sent diplomat’s formal nomination and accreditation

Other immunities that a diplomatic agent enjoys are as follows:
• Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26);
• Freedom of communication for official purpose (Art. 27);
• Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer
(Art. 33);
• Immunity from local and military obligations (Art. 35).