Midterm-Cases Flashcards
Contrary to the provisions in the European Convention for the Protection of Human Rights, Ireland held lawless in detention without trial.
Rule: A state may hold on individual without trial during national emergency if doing so is necessary to meet the emergency.
Lawless Case
European Court of Human Rights
France removed two agents convicted of destroying a ship docked in New Zealand on the basis that they required emergency medical treatment. Rule of distress applied.
Rule: Under the claim of necessity, a wrongful act is excused if it was the only means of safeguarding an essential interest of the state against an imminent danger, and the act did not seriously impair an essential interest of the state to which the obligation existed.
Rainbow Warrior (New Zealand v. France)
Blackmer, a US citizen residing in France was found to be in contempt of court for failing to respond to subpoenas served upon him requesting his appearance in the US.
Rule: For the exercise of judicial jurisdiction in personam, there must be due process.
Blackmer v. United States
US Supreme Court-1932
Fawaz Yunis, a hijacker alleged that the US did not have the right to prosecute him in the US.
Rule: A state may punish non-nationals for crimes committed against its nationals outside of its territory.
United States v. Fawaz Yunis
US Court of Appeals, D.C. Circuit, 1991
A US soldier wounded a Japanese woman during military exercise in Japan. He was indicted by Japan, but was granted an injunction preventing his delivery to Japanese authorities.
Rule: A sovereign state has exclusive jurisdiction to punish offense against its laws committed within its borders, unless it consents to surrender its jurisdiction.
Wilson v. Girard
US Supreme Court, 1957
