JURISDICTION- SU4.2

Question 1

Sovereignty empowers…

Answer 1

Sovereignty empowers a state to exercise the functions of a state within a particular territory to the exclusion of other states.

Question 2

What is Jurisdiction?

Answer 2

Jurisdiction refers to the authority that a state has to exercise its governmental functions by legislation, executive and enforcement action, and judicial decrees over persons and property.

Question 3

Two aspects of a state’s domestic criminal jurisdiction:

Answer 3

1. Prescriptive jurisdiction
2. Enforcement jurisdiction

Question 4

PRESCRIPTIVE JURISDICTION:

Answer 4

refers to a state’s authority to criminalize certain conduct.

Question 5

ENFORCEMENT JURISDICTION:

Answer 5

is a state’s ability to apply and enforce its criminal laws on certain conduct.

Question 6

GROUNDS OF JURISDICTION:

Answer 6

1. Territoriality
2. Subjective and objective territoriality
3. Protection of the state
4. Nationality
5. Passive personality

Question 7

1. TERRITORIALITY:

Answer 7

the jurisdictional competence of a state is primarily territorial.

Question 8

2. SUBJECTIVE AND OBJECTIVE TERRITORIALITY:

Answer 8

SUBJECTIVE TERRITORIALITY: a state may exercise jurisdiction where the crime is commenced within its territory and completed in another state.
OBJECTIVE TERRITORIALITY: where the crime is commenced within a foreign state and completed within its territory.
-the state in which the effect or impact of the crime is felt may exercise jurisdiction.

Question 9

3. PROTECTION OF THE STATE:

Answer 9

a state may exercise prescriptive jurisdiction over aliens who have committed acts abroad that are considered to be prejudicial to its safety and security.

Question 10

4. NATIONALITY:

Answer 10

many countries criminalize certain conducts committed by their own nationals abroad.

Question 11

5. PASSIVE PERSONALITY:

Answer 11

this principle allows a state to exercise prescriptive jurisdiction over a person who commits an offence abroad that harms one of its nationals.

Question 12

UNIVERSAL JURISDICTION:

Answer 12

when a national court exercises prescriptive jurisdiction over an international crime with which it has no jurisdictional link of the kind

Question 13

What are INTERNATIIONAL CRIMES?

Answer 13

are crimes that threaten the good order not only of particular states but of the international community as a whole.
-they are crimes in whose suppression all states have an interest.

Question 14

WHAT IS ACTIVE NATIONALITY?

Answer 14

active nationality is where a state can criminalize certain conduct committed by its own nationals abroad. State A may punish its national for a crime of murder committed in State B, where the victim is a national o State B, once State A’s national is within State A’s territory.