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individuals
3) Injury to the claimant State
indirectly because of damage
to its national
I. Jurisdiction of States
1. Territoriality principle The state
may exercise jurisdiction only within its
territory. Exceptionally, it may have
jurisdiction outside its territory
depending on the kind of jurisdiction it
invokes.
Gr: a state has criminal jurisdiction only
over offenses committed w/in its
territory
over
i) Continuing offenses
ii) Acts prejudicial to the national
security or vital interests of the
state
iii) Universal crimes
iv) Offenses covered by special
agreement (now obsolete)
2. Nationality principle and
statelessness
Nationality Principle the state has
jurisdiction over its nationals anywhere
in the world. This is based on the
theory that a national is entitled to the
protection of the state, wherever he
may be, and thus, is bound to it by duty
of obedience and allegiance. This
applies only to civil matters (not
criminal).
3. Protective principle State has
jurisdiction over acts committed abroad
(by nationals or foreigners) which are
prejudicial to its national security or
vital interests.
4. Universality principle state has
jurisdiction over offenses considered
as universal crimes regardles of where
committed and who committed them.
(universal crimes those w/c threaten
the international community as a whole
& are considered criminal offenses in
all countries)
5. Passive personality principle
State exercises jurisdiction over crimes
against its own nationals even if
committed outside its territory.