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1. STATE JURISDICTION
SUBASH P

2. INTRODUCTION:
Jurisdiction is the display of State’s authority over persons, properties within its territory. It is the embodiment or attribute
of State Sovereignty.
It includes prescriptive jurisdiction and enforcement jurisdiction; concurrent or exclusive jurisdiction and civil and criminal
jurisdiction.
It also means competence of the Court to exercise its jurisdictional authority.
The States can exercise its jurisdiction beyond its territory i.e. Principle of Extra-Territoriality.
S.S. Lotus Case-PCIJ
There is no restriction on the exercise of jurisdiction by any States unless that restriction can be shown by the most
conclusive evidence to exist as a principle of international law. (Principle of Non-Prohibition).
Territorial basis of jurisdiction is the basic starting point in the concept of jurisdiction.
Civil Jurisdiction- ‘foreign element’–substantial connection-by way of allegiance or domicile. Atleast the facts should be
connected with the forum State. (Genuine Connection to avoid forum shopping or forum convenience)
Transaction has the most real connection or the place where disputes arises.

3. Criminal Jurisdiction:
There shall be substantial connection between the offender and the offence on one hand and the State on the other.
Four general principles for the exercising of criminal jurisdiction:
1. Principle of Territoriality; (place where the offence is committed)
2. Principle of Nationality; (based on the nationality of the offender or the victim)
3. Principle of Protection; and (based on the national interest of the prosecuting State)
4. Principle of Universality. ( nature of the crime committed-Genocide, War crime, etc)
Principle of Territoriality:
State laws are applicable only within its territorial limit unless otherwise expressly declared its extra territorial applicability.
Ex-Section 5 of the IPC.
S. S. Lotus case: jurisdiction is certainly territorial, it cannot be exercised by a State outside its territory except by virtue of
a permissive rule derived from international custom or from a convention.
How state Territory and jurisdictional competence is closely connected?
5. Where the crime is committed- strong interest to prosecute
6. Forum of convenience- availability of evidences and other facilities.
7. Offender may present in its territory
8. To avoid double jeopardy- prosecuting in two jurisdictions simultaneously.

4. When crimes occurred partly in one territorial jurisdiction and completed in another territory, there arise the conflict of
jurisdictions.
Ex- if A in country X shoots and kills B in Country Y.
A obtains by false pretenses by means of a letter posted in State X to B in State Y.
Generally, State arrogates jurisdiction to itself either based on
1. Subjective Territorial Jurisdiction or
jurisdiction over a crime when it is commenced within a State but completed outside or consummated abroad.
2. Objective Territorial Jurisdiction
Jurisdiction over a crime when it is commenced outside a State but completed within the State.
(GENRALLY ACCEPTED BY STATES) (ESSENTIAL ELEMENT OF CRIMES OCCURRED WITHIN ITS TERRITORY)
Geneva Convention for the Suppression of the Illicit Drug Traffic, 1936
Geneva Convention for the Suppression of the Counterfeiting Currency, 1929
D P P V. DOOT:
Aliens convicted for the conspiracy to import cannabis to UK-Arrested in UK when visited-HOL held crime continued to
occur in UK-Lord Wilberforce- arrested based on the Principle of Objective Territoriality.
MUBARAK ALI AHMED V. THE STATE OF BOMBAY:
Principle of Constructive Presence of the Offender-crimes committed in India but he was outside india at that time-trail can
be initiated if his presence can be secured in India.

5. S.S. LOTUS: (casting vote) paramountcy of effects doctrine
Collison on high seas-French ship Lotus and Turkish Vassel Boz-Kourt (sunk) and 8 turks died as a result- French officer
and Turkish captian was tried and sentence to manslaughter in Constantinople- agreed to go to PCIJ-2
1. Nationality principle not allowed for offence committed by foreigners in abroad.
2. exclusive jurisdiction for Flag State.
Court: contention one: effected occurred in Turkish vessal and turkey had jurisdiction
Contention 2: French was general able to show that jurisdiction normally follows the flag. But failed to prove the
exclusive jurisdiction for crimes on high seas.
Brussels Convention on Collison or other Incidents of Navigations, 1952
Geneva Convention on high Seas, !958
UNCLOS, 1982- exclusive jurisdiction for the Flag State

6. Nationality Principle:
Legal situation- nationality of the offender or the victim . When he voluntarily returned to the State or extradited.
Prosecution can be based on either
(1) Principle of Active Nationality; or (nationality is the mark of allegiance- charge can be made even nationality changed
because of the continuation of the allegiance)
(2) Principle of Passive Nationality or Passive personality. Extra territorial jurisdiction over aliens for the crime committed
against its nationals. No clear cut extent of right to protect it nationals in abroad- diplomatic protection.
Chances of concurrent Jurisdiction
Anglo-American countries do not favours this and insist on territorial principle.
Terrorist-offences related to GIL-Hijacking- hostages etc.
Cutting Case:
Cutting American national committed defamation in America (Texas) against Mexican national. No evidence that it
circulate din Mexico. Trial court sentenced him.
If the state failed to prosecute him, the victim’s nationality State can prosecute him based on the Principle of aut dedere,
aut punire.

7. Protective Principle:
Acts affecting its security, integrity, independence and vital economic interest. Ex- counterfeiting and treason.
Oppenheim-Penal jurisdiction of a State includes serious crimes against its own safety.
Penal Jurisdiction requires linking point between between the State and the offender
The Anglo-American countries opposed the Passive nationality principle but support the protective jurisdiction
principle to exercise jurisdiction over the aliens.
Joyce v. D.P.P: allegiance to the queen and committed treason in abroad-can be tried in courts. Born to irish parents in
USA-naturalised in UK. Did propaganda during war against UK from Germany. Passport is the proof of continuation of
allegiance.
KTMS Abdul Cader v. UOI: alleged smuggling goods-safety and security-State of TN-detaintion order under-
Maintenance of Internal Security (Amendment) Act, 1974 and Conservation of Foreign Exchange and Preservation of
Smuggling Activities Act, 1974. warrant couldn’t be served-residing in foreign-proclamation under 82 (1) and 7(1) (8) of
the CrPC-challenged the order as no extra territorial applicability- court held-for safety and public order and to safe
guard stability and existence.

8. Universal Jurisdiction: regardless of nationality and place of crime – Principle of aut punire, aut dedere
Concurrent jurisdiction- auxillary competency of States.
Offences against international public policy (Jus cogens)- delicts jure gentium
Under its domestic law-piracy, war crime, slave trade.
Principle of universality of war crimes- four Geneva Convention, 1949.
Eichmann Case: SC of Israel war crime and CAH- head of the Jewish Office-German Gestapo- defence: non existence
of Israel and not its people-universal jurisdiction and right of the victim State to try any who assault its existence.
Arrest warrant case (Congo v. Belgium):
Belgium issued arrest warrant against Abdoulaye Yerodia Nombasi- Minister of Foreign Affairs and three Rwandan
nationals-tutsi genocide and CAH and sentenced for 12-20 years. (law of universal jurisdiction-WC, CAH and
Genocide). No Belgians or no link between Belgium and offenders. Warrant sent to Congo and Interpol.
Limited the scope of the ICJ-immunity and inviolability of the incumbent minister-Belgium failed and must cancel the
warrant issued. ICJ failed to analysis the Belgium Jurisdiction-No prohibitive rule-universal jurisdiction inabsentia-
Multilateral Convention
Genocide, drug traffic, trafficking in women and children, counterfeiting currency , taking of hostages, torture,
apartheid, attacks on diploamts and hijacking etc.
Two commonly accepted principles: territorial and active nationality pricniples.

9. Exemption from territorial jurisdiction:
Under GIL:
1. Foreign sovereign and Foreign State;
2. Diplomats and consuls;
3. Foreign public ships;
4. Foreign Armed Forces; and
5. International Institutions.