lesson 3

Question 1

what are the three forms of jurisdiction?

Answer 1

1.Jurisdiction to prescribe
2.Jurisdiction to enforce
3.Jurisdiction to adjudicate

think about robbery:
1. robbery is criminalized (prescribing)
2. you can get apprehended for robery (enforcing law)
3. you can get prosecuted before a court for robery before court (adjudicate)

Question 2

what are the 4 ways a state can accept ICJ’s mandatory jurisdiction

Answer 2

1. special agreement
2. jurisidictional clause
3. forum prorogatum (corfu channel case)
4. optional clause

Question 3

what is the difference between jure gestione acts and jure imperii acts?

Answer 3

jure imperii- acts of sovereign nature (state immunity only applies to jure imperii).
jure gestione- acts of a private or commercial nature (not state immunity).

for distinguishment LOOK AT NATURE OF ACT.

Question 4

what are bases of extra-territorial jurisdiction?

Answer 4

1. active nationality (perpetrator nationality)
2. passive nationality (victim nationality)
3. universal jurisdiction (badddd crimes mostly)
4. effects doctrine (controversial USA)
5. protective principle (think about combating terrorism and fake currency)

Question 5

what is the difference between ratione materiae and ratione persone

Answer 5

ratione materiae= attached to acts of state agents acting in their official capacity, only official acts. agents can claim immunity after leaving office since act is attached to state.
ratione persone: for certain state officials, to let key offices function and they cease after office.

Question 6

what is the difference between subjective and objective territoriality?

Answer 6

objective territoriality- only jurisdiction over acts completed in territory (even when elements happened in other states.)
subjective territoriality: A state will have jurisdiction over all matter commencing in state even when parts happened in other state.

Question 7

can officials claim immunity for international crimes?

Answer 7

State immunity- no -they incur individual criminal responsibility for such act.
personal Immunity- yes- they shield high- rank state agents from the prosecution before national courts for the duration of their official function.

Question 8

can immunity be used to free officials from reponsibilities for int. crimes?

Answer 8

STATE IMMUNITY- NO
PERSONAL IMMUNITY- YES