ULUSLARARASI KAMU HUKUKU I

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, 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). Defensive principle is not one of these general principles.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The territorial principle determines jurisdiction by reference to the place where the offence is committed.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The nationality principle 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 correct answer is B.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The protective principle refers to jurisdiction according to the national interest of the state injured by the offence.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The universality principle provides jurisdiction by reference to the nature of the crime (for example, piracy). The correct answer is D.

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 correct answer is A.

According to the objective territorial principle, a state has jurisdiction over a crime when a crime commenced in another state but was completed or consummated within its territory. The state
concerned in such a case can take action against the offender. The objective territorial principle is
generally accepted and applied, according to which jurisdiction can be exercised when any essential constituent element of a crime is consummated in state territory. The correct answer is B.

The territorial and nationality principles together may create the incidence of concurrent jurisdiction, leading to conflict of jurisdiction and possible double jeopardy unless resolved by clear rules about the priority between them. The correct answer is E.

A number of treaties incorporate the universality principle in a limited way regarding such issues as genocide, drug trafficking, trafficking in women and children, counterfeiting of currency, taking of hostages, torture, apartheid, attacks on diplomats, and hijacking. However, contrary to their being delicts jure gentium (which can be tried by all States), these crimes are dealt on the principle of aut punire, aut dedere. Accordingly, offenders are either to be punished by the state where they are found or to be surrendered to the state, which is competent and willing to exercise jurisdiction over them. However, slave trade is treated as "delicts jure gentium," and prosecuted on the basis of the universality principle. The correct answer is C.

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. Policymakers are not granted such immunity under international law. The correct answer is E.

Forum [from Latin: public place]. The place or
country in which a case is being heard (Martin,
2003: 210).

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

• The state where the crime is committed
generally has the strongest interest in
punishing the criminal

• The local forum is the most convenient
one, since the witnesses and other facilities
are most probably available there

• The offender is most likely to befound there

• To avoid the element of double jeopardy,
i.e., subjecting the person to two legal
systems at the same time.

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.

Delicts jure gentium means "wrong against the Law of
Nations."

Genocide, drug trafficking,
trafficking in women and children, counterfeiting
of currency, taking of hostages, torture, apartheid,
attacks on diplomats, and hijacking are considered international crimes. However,
contrary to their being delicts jure gentium
(which can be tried by all States), these crimes
are dealt on the principle of aut punire, aut
dedere. Accordingly, offenders are either to be
punished by the state where they are found or to
be surrendered to the state, which is competent
and willing to exercise jurisdiction over them.

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.

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 non-intervention, 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.

"The customary international law rule that the
property of a foreign sovereign shall be immune
from attachment and execution, unless this
immunity has been waived by the foreign sovereign
expressly or impliedly." is a statement incorporated in Section 1609 of the 1976 Foreign Sovereign Immunities Act of the United States.

A diplomatic agent is exempt from all dues and
taxes. The agent, however, is liable to pay:

i. Indirect taxes, such as sales tax or service
charges;

ii. Dues and taxes on private immovable
property situated in the territory of the
receiving state such as house tax;

iii. Estate, succession or inheritance duty,
levied by the receiving state;

iv. Tax on income having its source in private
investments in commercial undertaking in
the receiving state;

v. Charges levied for specific services rendered
such as road tax;

vi. Registration, court or record fees, mortgage
dues, and stamp duty with respect to
immovable property.

The representative character theory,
which considers the diplomatic mission
as personifying the sending state and the
diplomat as representative of the foreign
sovereign.