Week 3: jurisdiction & immunity

Question 1

Jurisdiction

Answer 1

Limits of the legal competence of a State or other regulatory authority to make, apply and enforce rules of conduct upon persons.

Question 2

Territorial principle

Answer 2

Corollary of the sovereignty of a State over its territory, this means that the State has the right to prescribe the laws that set the boundaries of the public order of the State.
States may impose the entirety of their laws upon everyone within their territories.

Question 3

Territory of a State

Answer 3

Land territory, territorial sea and the airspace above its land ad sea territory

Question 4

When is the subjective territorial jurisdiction used?

Answer 4

For a case in which a State claims jurisdiction for an incident which is initiated within its territory but completed outside its territory.

Question 5

When is an objective territorial jurisdiction used? Which relevant case has used this jurisdiction?

Answer 5

For an incident for which a State claims jurisdiction that is completed within its territory, even though it was initiated outside its territory.

The Lotus case,

Question 6

Effects doctrine, a significant case

Answer 6

While there is no specific physical element of the overall crime taking place on a State’s territory, a State can assert jurisdiction on the basis of the intentional production of effects/repercussions within the State

Woodpulp

Question 7

National principle

Answer 7

Jurisdiction on the basis that it extends the application of a State’s laws to its citizens wherever they may be.

Question 8

Passive personality principle

Answer 8

Jurisdiction based on the nationality of the victim

Question 9

ICC and the principle of complementarity

Answer 9

The ICC will deal with crimes within its jurisdiction only where national authorities are unwilling or unable to do so

Question 10

Conduct crimes

Answer 10

Focus upon what is actually done

Question 11

Result crimes

Answer 11

Focus upon the consequences of what is done

Question 12

Prudential compliance

Answer 12

legal behaviour of complying ###

Question 13

Public laws

Answer 13

Criminal law and other laws relating to matters manifesting a State’s sovereign power

Question 14

Tort law

Answer 14

the branch of the law that deals with civil suits, with the exception of disputes involving contracts

Question 15

in rem proceeding

Answer 15

Against a thing proceeding

Question 16

Acta jure imperii and acta jure gestionis

Answer 16

terms of opposing polarity that set out the scope and limits, respectively, of a state’s immunity from suit.

Lorsqu’il s’agit d’opérer la distinction entre actes iure imperii (actes de la puissance publique) et actes iure gestionis (actes de gestion), le juge doit se fonder non sur leur but, mais sur leur nature; il doit examiner si, à cet égard, l’acte relève de la puissance publique ou s’il est semblable à celui que tout

Question 17

Inter alia

Question 18

Travaux préparatoires