Search results
Results From The WOW.Com Content Network
Criminal jurisdiction can be of an extraterritorial nature where: a nation asserts it either generally or in specific cases under its domestic law, a supranational authority (such as the United Nations Security Council) has created an international court to deal with a specific case (e.g. war crimes in a certain country), or
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulate the relationship between states, or between one state and another;
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. [ 1 ]
There are several mechanisms in public international law whereby the courts of one country (the domestic court) can exercise jurisdiction over a citizen, corporation, or organization of another country (the foreign defendant) to try crimes or civil matters that have affected citizens or businesses within the domestic jurisdiction. Many of these ...
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence.
The Criminal Law (Jurisdiction) Act 1976 allowed trial in the Republic for crimes committed in Northern Ireland, and vice versa. [18] This arrangement circumvented political and legal difficulties blocking the extradition of suspects in crimes related to The Troubles. [1] The Supreme Court ruled that this Act was constitutional. [16]
The obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality. [1] It is generally included as part of international treaties dealing with an array of transnational crimes to facilitate bringing perpetrators to justice.
Given the limits on the exercise of extraterritorial enforcement jurisdiction, states have developed mechanisms to cooperate in transnational criminal matters. The primary mechanisms used in this regard are extradition, lawful removal, and mutual legal assistance. [3]