An Introduction to Jurisdiction in International Law

Flashcards covering the forms, conceptual matters, and traditional heads of jurisdiction, including territoriality, nationality, and universal jurisdiction, based on international criminal law principles.

What are the $3$ categories of jurisdiction identified within the lecture notes?

Legislative (or prescriptive), adjudicative, and executive (or enforcement) jurisdiction.

According to the SS Lotus case ($1927$), what is the 'first and foremost restriction' imposed by international law upon a state regarding executive jurisdiction?

A state may not exercise its power in any form in the territory of another state.

What does the Latin aphorism 'male captus bene detentus' signify in the context of adjudicative jurisdiction?

It means 'wrongly captured, properly detained,' referring to the principle that an illegal arrest does not necessarily bar a court from exercising jurisdiction.

What does the 'territoriality principle' entitle states to regulate?

States have the right to exercise jurisdiction over all events on their territory, including their airspace, territorial waters, and registered ships or aeroplanes.

How is the 'nationality principle' (also known as active nationality) defined?

States are entitled under international law to legislate with respect to the conduct of their nationals abroad.

Based on the Nottebohm case, what is the required standard for a person's nationality to be recognized for jurisdictional purposes?

The person must have a 'genuine connection' with the state of which they are an alleged national.

What is the definition of 'passive personality jurisdiction'?

Jurisdiction exercised by a state over crimes committed against its nationals whilst they are abroad.

Under the 'protective principle,' over what extraterritorial activities is a state entitled to assert jurisdiction?

Activities that threaten state security, such as selling state secrets, spying, or the counterfeiting of its currency or official seal.

How is 'universal jurisdiction' defined in relation to the location or individuals involved in a crime?

Jurisdiction established over a crime without reference to the place of perpetration, the nationality of the suspect or the victim, or any other recognized linking point.

Besides piracy, over which specific crimes in customary law are states generally accepted as being entitled to assert universal jurisdiction?

War crimes, crimes against humanity, genocide, and torture.