A basic discussion on State Jurisdiction under International Criminal Law. The main focus of this lecture is to pinpoint the criminal jurisdiction of a state where a foreign element is connected and the crime is international by nature.

1. State Jurisdiction under International
Criminal Law
Md. Salauddin Saimum
Lecturer
Department of Law
University of Rajshahi

2. Italy
State Jurisdiction
BANGLADESH

3. Jurisdiction of a State in relation to a crime
• State Jurisdiction is one of the most important
and ongoing topics of contemporary
International Criminal law.
• In the era of globalisation the restriction on
states to exercise the jurisdiction only on their
territory proved to be outdated.
• It is impossible to prosecute transboundary
offenses by applying territoriality in its basic
concept.

4. NATIONALITY PRINCIPLE-SCOPE
Strict application of territoriality could be harmful for
the peaceful existence of international society.
Therefore states recognized necessity of having an
independent basis of jurisdiction. As a result of it
Nationality evolved as a basis of jurisdiction.
Principle can be applied on two bases-
Active Personality
Passive Personality

5. THE ACTIVE PERSONALITY PRINCIPLE
A state has a fundamental right to apply its laws to
prosecute illegal conduct committed by its citizens
overseas.
In UK , the Principle applies to treason , murder and
manslaughter and more recently, conspiring or inciting
sexual offences against children.

6. In Public Prosecutor v. Antoni , the accused a Sweden national was
involved in a road traffic accident in Germany . One of his defense
when prosecuted in Sweden was that the traffic laws of Sweden were
never intended to be applicable outside Sweden . The Supreme Court
held the Principle that “every crime committed by a Sweden National
may be punished even if committed abroad''.
During the operation of UNPROFOR in former Yugoslavia , the Czech
soldiers killed their captain, the Czech authorities asserted jurisdiction
based on Active Personality Principle.
Thus , the ambit of Active Personality Principle is extremely wide.

7. PASSIVE PERSONALITY PRINCIPLE
☞ The passive personality principle allows states to claim jurisdiction
to try a foreign national for offenses committed abroad that affect its
own citizens.
☞ Jurisdiction is exercised by the State of the nationality of the victim
where the offence took place outside its territory.
☞ The justification is to protect the welfare of the nationals abroad.
☞ This principle has been used by the United States to prosecute
terrorists

8. Lotus Case
The Lotus Case (France vs Turkey), Permanent Court of International Justice
Year of the decision: 1927
Facts of the Case
A collision occurred on the high seas between a French vessel – Lotus – and a Turkish
vessel – Boz-Kourt. The Boz-Kourt sank and eight Turkish nationals died. The 10
survivors of the Boz-Kourt (including its captain) were taken to Turkey. In Turkey, the
officer on watch of the Lotus (Demons), and the captain of the Turkish ship were
charged with manslaughter. Demons, a French national, was sentenced to 80 days of
imprisonment and a fine. The French government protested, demanding the release of
Demons or the transfer of his case to the French Courts. Afterwards, Turkey and France
agreed to refer this dispute on the jurisdiction to the Permanent Court of International
Justice (PCIJ).

9. Questions before the Court
Did Turkey violate international law when Turkish
courts exercised jurisdiction overa crime committed
by a French national, outside Turkey? If yes, should
TurkeypaycompensationtoFrance?
The Court’s Decision
Turkey,byinstitutingcriminalproceedingsagainst
Demons,didnotviolateinternationallaw.

10. The Protective Principle
Protective principle is a rule of international criminal law that allows a
sovereign state to assert jurisdiction over a person whose conduct outside
its boundaries threatens the states security
The protective principle recognizes that, a sovereign can adopt a statute,
that criminalizes a conduct which occurs outside of its borders when that
conduct affects the sovereign itself.
It recognizes the right of a state to punish offences committed outside its
territory by persons who are not its nationals

11. Layton Case
Leo Ryan , Representative of US Congress Larry Layton

12. The Protective Principle
It is unequivocally accepted that every country is competent to
take any measures that are compatible with the law of nations in
order to safeguard its national security interests.
In United States v. Layton , the defendant Larry Layton was
charged with conspiracy to murder Leo Ryan , a representative of
US Congress , the US District Court found that it had
jurisdiction. The court applied the Protective Principle . The Court
held that killing a representative impaired an important
governmental function. The killing of representative amounted to
an extraterritorial act of terrorism and generally met the requisites
of Protective Principle.