State Jurisdiction under International Law
State Jurisdiction under International Law
1. Meaning of State Jurisdiction
State jurisdiction refers to the legal authority of a state to regulate behavior and enforce laws within its territory or over persons and things.
It is the power of a state to prescribe (make laws), adjudicate (apply laws), and enforce laws.
2. Types of Jurisdiction
There are three primary types of jurisdiction recognized under international law:
| Type | Explanation |
|---|---|
| Legislative Jurisdiction | Power to make laws (prescribe rules) |
| Adjudicative Jurisdiction | Power to apply and interpret laws through courts |
| Executive Jurisdiction | Power to enforce laws through police, military, etc. |
3. Bases of State Jurisdiction
States can exercise jurisdiction on different grounds, broadly classified as:
(a) Territorial Principle
A state has jurisdiction over persons, property, and events within its territory.
Includes land, airspace, and territorial waters.
The most fundamental principle.
(b) Nationality Principle (Active Personality)
Jurisdiction over nationals (citizens) of the state, wherever they are in the world.
Example: A state can try its citizens for crimes committed abroad.
(c) Passive Personality Principle
Jurisdiction over acts committed abroad that affect its nationals.
Controversial but accepted in some cases (e.g., terrorism).
(d) Protective Principle
Jurisdiction over acts outside the state that threaten its security, integrity, or governmental functions.
Example: Counterfeiting a state’s currency abroad.
(e) Universality Principle
Jurisdiction over certain universal crimes regardless of nationality or location.
Examples: Piracy, genocide, war crimes.
4. Limitations on State Jurisdiction
Respect for sovereignty of other states.
Jurisdiction generally does not extend beyond territorial boundaries, except under principles above.
Extraterritorial jurisdiction must comply with international law.
Jurisdiction can be limited by treaties and customary international law.
5. Jurisdiction over Foreign Ships and Aircraft
Territorial jurisdiction extends to territorial waters (up to 12 nautical miles).
Beyond that, jurisdiction is limited unless consent or special conditions apply.
6. Case Law and Examples
Lotus Case (France v. Turkey), PCIJ 1927:
Established the principle that states have jurisdiction unless prohibited by international law.
SS Wimbledon Case, PCIJ 1923:
Emphasized respect for territorial sovereignty in exercising jurisdiction.
United States v. Alvarez-Machain (2004, US Supreme Court):
Exercising jurisdiction over a foreign national abducted abroad raised jurisdictional and sovereignty issues.
7. Summary Table
| Basis of Jurisdiction | Description | Example |
|---|---|---|
| Territorial | Jurisdiction over acts within the state’s territory | Crime committed inside country |
| Nationality | Jurisdiction over nationals abroad | Prosecution of citizen abroad |
| Passive Personality | Jurisdiction over acts against nationals abroad | Terrorist attack on citizens |
| Protective | Protects state’s security interests | Counterfeiting currency |
| Universality | Jurisdiction over universal crimes | Piracy, war crimes |
8. Conclusion
State jurisdiction is a fundamental principle balancing a state’s right to govern within its territory and over its nationals, with respect for international law and sovereignty of other states.
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