ULUSLARARASI KAMU HUKUKU I

When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

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.

The territorial principle, that determines jurisdiction by reference to the place where the offence is committed.

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

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

The universality principle that provides jurisdiction by reference to the nature of the crime.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

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

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:

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.

The reciprocity theory

Waiver from jurisdictional immunity includes
waiver against the execution of the judgment of
the court.

Exemption from the social security legislation
as an employer.

Internal rules of the organization

acta jure imperii

In the nature of jus dispositivum

Prescriptive principle

If criminal proceedings are instituted against a consular officer, he does not need to appear before the competent authorities.

The local forum is more efficient than others

Head of the government to conduct State affairs.