Criminal jurisdiction of states under international law

Abstract

The Public International Law guarantees that every State is equal and every State has the sovereignty which means no other state will interfere with its sovereign rights. Hence, the authority of legislature, executive and the courts in criminal matters is supposed to be circumscribed by territorial boundaries of the State. Criminal Jurisdiction of a State is the capacity under international law to prescribe and enforce the rules of Law criminalizing certain acts. Therefore, no State would dispute over the jurisdiction to try a person for a crime, if the elements of crime and its effects take place solely within the territory of the State; it being simply the sovereign function of the State flowing from territorial principle. The exercise of criminal jurisdiction may not necessarily be a unilateral act of the State, unless the crime in question takes place solely on the territory of the state and against any of its national. But due to increase in the development of the transportation, communication and technology, criminal activities may not be restricted within one territorial limit, which means the elements of crime are committed or the result of a crime is sustained in more than one country, or if the offence occurs wholly outside the State. Perhaps, States can no longer afford sole reliance on the territorial principle for prosecuting the criminals and safeguarding its interest as with time, it has become inadequate. International law recognizes different principles of criminal jurisdiction namely territorial, nationality, protective and universal principles. The problem does not arise when only one State asserts its jurisdiction but when more than one State wish to exercise jurisdiction over same conduct by relying on the different or even same principles of criminal jurisdiction. The international law does not recognize any hierarchy among different rules of jurisdiction. This thesis discusses different rules/principles of criminal jurisdiction; and explores the different dimensions of actual/potential conflict