Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331821

Which of the following is NOT one of the four general principles on the basis of which states generally claim criminal jurisdiction?


Territorial principle

Nationality principle

Protective principle

Universality principle

Defensive principle


Yanıt Açıklaması:

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Defensive principle is not one of these general principles.

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