National criminal jurisdiction Gro Nystuen

Jurisdiction: The power of the State: - internally (at the national level) -externally (in relations with other states) -Jurisdiction reflects state sovereignty and equality of states - the basic principles of international law

Sovereignty/equality State sovereignty: The State can do what it wants within its own borders or: The State is not subject to the authority of others Equality of States: States cannot infringe on the sovereignty of other states and they must agree on how to relate to each other and how to solve problems

Three kinds of jurisdiction: 1)Legislative power (prescriptive jurisdiction) 2)Judicial power (court jurisdiction) 3)Executive power (enforcement jurisdiction)

Civil/criminal jurisdiction Civil jurisdiction (private international law): Often goes further than criminal jurisdiction – less sensitive in relation to sovereignty issues Different rules for different cases, for example: tort/ compensation, marriage/family law, commercial cases

Criminal jurisdiction The territorial principle The nationality principle The passive personality principle The protective principle The universality principle

The territorial principle All crimes committed within a State’s territory are within the legislative, executive and judicial jurisdiction of the state. Exceptions: international agreements (Exceptions: immunity (diplomatic, state, parliamentary))

The nationality principle Nationality/citizenship is the link between the territory and its inhabitants Nationality/citizenship derives from: -Jus sanguinis (born of nationals) -Jus soli (born in the territory) Many Sates claim jurisdiction over crimes committed by their citizens

The passive personality principle Jurisdiction over foreigners for acts committed abroad, which affects nationals of the state Become more accepted in recent decades following the development of international terrorism

The protective principle Jurisdiction over foreigners for crimes committed abroad, when the vital interests of the State is threatened Reflected in many treaties

The universality principle Jurisdiction over foreigners abroad for certain crimes under international law: –Piracy (hijacking) –Slavery –War crimes –Crimes against humanity –Genocide

Treaty based jurisdiction –Torture - CAT requires jurisdiction: –When the offence took place in the territory –When the offender is a national of the state –When the victim is a national (if appropriate) –When the offender is in the territory (and the state does not extradite him/her)

Treaty based jurisdiction –Terror acts – several UN conventions: –Unlawful financing of terror acts (1999) –Suppression of Terrorist bombings (1997) –Unlawful Acts of Violence in Airports (1988) –Taking of Hostages (1979) –Unlawful Acts against the Safety of Civil Aviation (1971) –Unlawful seizure of aircraft (1970)

Treaties on terror acts: States parties shall establish jurisdiction: - When the offence is committed in the territory of the state (or on a vessel or aircraft of that state) - When the offence is committed by a national of that state - Jurisdiction may also be established when the offence was directed against nationals of the state, or against the states embassies or other government facilities abroad.

Cases The Lotus case (Permanent Court of Justice 1927) The Eichmann case, (Israel Supreme Court, 1951) The Congo v. Belgium case (International Court of Justice, 2000)