8: Jurisdiction

Question 1

Definition of jurisdiction:

Answer 1

State’s sovereign right to exercise authority over persons and places by use of domestic law.

Question 2

Forms of jurisdiction:

Answer 2

Perspective: make laws
Adjudicative: adjudicate laws
Enforcement: enforce laws

Question 3

Territorial jurisdiction:

Answer 3

Schooner: jurisdiction within a nation’s own territory - exclusive & absolute, no limitations.

Subjective: conduct in the territory
Objective: conduct having an effect in the territory.

Question 4

Extra-territorial jurisdiction:

Answer 4

Contains the:
i. Active nationality: crimes committed by nationals.
ii. Passive nationality: crimes committed against nationals.

iii. Protective principle: any criminal conduct injuring/targeting a state’s interests (Eichman).

Question 5

Universal jurisdiction:

Answer 5

Jurisdiction over crimes that threaten all states.
Right to prosecute/extradite (aut dedere aut judicare).

Question 6

Sovereign immunity:

Answer 6

Definition/source in Schooner: ‘sovereign equality and independence.’

Examples:
Head of state/government - serving (absoloute immunity, ratione personae), or afterwards (immunity only for official conduct, ratione materiae).

also for any state official undertaking official acts in a foreign territory.

Question 7

Diplomatic & consular immunity:

Answer 7

Vienna convention on diplomatic rights:
immunity from criminal jurisdiction, and most civil administrative jurisdiction.

Vienna convention on consular relations: immunity only from jurisdiction in connection with official functions.