Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331832

"The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction."

Which principle refers to jurisdiction according to the national interest of the state injured by the offence?


Territorial principle

Nationality principle

Protective principle

Universality principle

None of the above


Yanıt Açıklaması:

In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. 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, the 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.

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