Jurisdiction Flashcards
Art 2 (1) UN charter
You cannot interfere in others domestic jurisdiction
Which type of jurisdiction are we mainly concerned with?
Criminal
Sir Ivor Jennings
Smoking on the streets of Paris
The lotus case
Enforcement of a states jurisdiction cannot be exercised by a state outside its territory except by virtue of permissive rule derived from international rule or custom (this has since been seen as wrong)
What are the 4 standard grounds for exercising criminal jurisdiction?
TerritorialNationalityProtectiveUniversal
Territorial jurisdiction
A state has unlimited power (subject to erga omnes rules and treaty obligations) to enforce any laws it passes on territory
What is the effects principle? Subjective and objective…
Territorial jurisdiction Looking at where feels your effect Plotting the distribution of Sweden in RussiaObjective approach- the effected territory has jurisdictionSubjective approach- says the place it starts has jurisdiction
Whose territory is a ship/ aircraft?
It is quasi- international territory independent from them
What is nationality (active)?
The idea that you owe your state dutiesThe U.S. Have to pay tax no matter where they are You can claim authority over your nationals anywhere
Case for active nationality
Nottenbohm case
Some examples of UK active nationality
TreasonSex with children
Passive nationality
You being attacked, traditionally this was not supported but has found more support these days
What case led to the U.S. Adopting legislation on passive nationality?
Achille Lauro incident
Where do the courts state that passive nationality was accepted under international law?
U.S. V yunis
Where else recognises the passive nationality principle?
The UN convention on torture
What is the protective jurisdiction principle?
Protective principle is a rule of international law that allows a sovereign state to assert jurisdiction over a person whose conduct outside its boundaries threatens the states security or interferes with the operation of its government functions.
Joyce v director of public prosecutions
Pro nazi fraudulently obtained British passport before leaving Germany
Protective principle and doing things In other countries
A Russian national who was printing us counterfeit dollars could be subject to U.S. Jurisdiction
Case of the universality principle
Filartiga v Pena- Irala
What is the universality principle?
Some crimes are so abhorrent that all of the international community has an interest in prosecution
What would count as universality?
GenocideTortureSlavery
Case of the universality principle
Congo v Belgium
A treaty based on jurisdiction regimes
Torture convention 1984
Tokyo convention
Hijacking treaty: you have jurisdiction where:The plane is registered (art 3) Any state it has effect (art 4)Any state whose nationals are harmed Any state whose security is affected
The Montreal convention
Hijacking convention Offence committed on territoryaircraft is registered in state where it lands Place of business of lease
Drawbacks to universality jurisdiction
Often against people who are no longer in powerPractical difficulty of going abroad to find peopleFew treaties will actually make universality compulsory
What is the the biggest example of universality principle?
Genocide convention
Beneficiaries of immunity
Diplomats and representatives of other states States themselves Heads of state and ministers of state- but with ever increasing encroachment, especially when they are not in office
Examples of immunity from evil people
Sadaam and Pinochet
Why have immunity from jurisdiction?
Representing and protecting state interestsIf all states are equal then one state shouldn’t be subject to the authority of anotherSome of the first PIL rules
Early example of immunity from jurisdiction
Sir Thomas roe to the court of Mughal emperor
Where can the basic rules for diplomatic immunity be found?
They can be found in the 1961 Vienna convention
About the history of the Vienna convention?
189 ratifications Negotiated very widely over a very long period of time and so dry few reservations
Main provisions of the Vienna convention
Functions of diplomatic mission (art 3)The diplomatic bag (art 27). Embassy premises (art 22) Personal inviolability (art 29)Residential inviolability (art 30)Personal immunity (art 31)
Examples of abuse of the art 22 principle of embassy immunity
Iraqi embassy in Palestine
Examples of non compliance of art 27 diplomatic bag
Disco incident- Nigerian minister kidnapped on the streets of London
State immunity was originally a doctrine of absolute immunity
Mighell case
There has been a growth of relative immunity in regard to states
Trendtex
Absolute immunity also extends to heads of state
R v bow street
What is extra territorial jurisdiction?
You can sometimes claim jurisdiction outside of your states boundaries
What is an example of extraterritorial jurisdiction?
Woodpulp - the CJEU found 4 multi- nationals guilty of violating EU competition laws despite that they were located outside the EU at the time
What is concurrent jurisdiction?
Many states being able to claim over one act
What happened after the Russian revolution 1917
States were still immune for governmental acts, but not commercial To determine this, some states looked at the object of the transaction some the nature (the latter is preferred)
Where was it held that state immunity could not apply when jus cogens was violated
Ferrini
What Case confirms immunity
Arrest warrant case
Where can negative proof that immunities exist be found?
The torture convention
Opinio juris is reflected in the acts of states
Nicaragua case
Israel v eichman
About nazi war crimes Does the court have jurisdiction considering E was a foreign national and crimes were committed in a foreign territory?It was found they did under universality
Arrest warrant case
Did the arrest of the Congo minister violate immunity? Yes
Are you still immune once you have left the ministry?
Yes but not from things like murder
