This document discusses principles of state jurisdiction under international law. It addresses topics like preemptive attack, conflicts between nationality and territoriality principles, and universal jurisdiction. Specifically, it explains that state jurisdiction arises from sovereignty and includes the power to prescribe rules/laws and enforce them. Jurisdiction is based on a state's territory, nationality of the offender/victim, or protective/universal principles. Universal jurisdiction allows any state to try certain grave international crimes like war crimes and crimes against humanity. Examples discussed include an Israeli case trying a German national for crimes against humanity.

1. By K M Rakibul Islam
Lecturer, dept. of law
Green University of Bangladesh.

2. •Can Barrack Obama say to Kenya “ you cannot trail …..!!
• Protective principle and Preemptive attack!!!
•Borderless crimes like drug, smuggling, human
trafficking, Can BD say I will do what I want?? Lotus
Case(1927)
•How far a state a can practice its jurisdiction? Lord
Macmillan: In all persons, things-In all civil &
criminal matters
Think point:

3. “No state attempts to exercise a jurisdiction
over matters, persons or things with which it
has absolutely no concern.”

4. Principles governing state jurisdiction
A. Conflicts of nationality and territoriality
principles
B. Universal principle and trail of war crime

5. (Main points to be discussed)
•State Jurisdiction under Int. Law
• Preemptive attack : what is the justification: Aljazeera
•Conflicts of nationality and territoriality principles
•Universal principle and trail of war crime, War crimes, Crime against
humanity, Crime of grave nature.
Special reflection point
Knowing what we know now, international crime in
historic perspective

6. What is state Jurisdiction?
 The power of the state under international law to
govern persons and property by its municipal law.

7. It includes….
• Power to prescribe
the rules, regulation.
• And laws
Prescriptive
• Power to enforce the
said rules and
regulation.
Enforcement

8. Basis of state jurisdiction.
 It is the sovereignty that results the authority of state
jurisdiction.
 Ultimate holds view point of justification for having
state jurisdiction.
 The dignity of the state is with the power of
sovereignty.

9. Classification of state jurisdiction.
State civil laws
should be applied
in case of civil
disputes
Conflicts of
different states
laws result private
int. law
Civil Any criminal acts
occurred in state
territory, state
should have
jurisdiction.
Criminal

10. Principles governing state
jurisdiction
Principles
Proactive
Nationality
Universal
Territorial

11. state territory
 State jurisdiction is enlarged with the state territory.
 The state territory encompasses with the air, water,
land all the components in state.

12. Nationality
 The practical linkage between the state and citizens.
 Every persons shall be the citizens of at least one
country.
 There is problems with the nationality and
territoriality principles in practice.

13. Nationality (cont.)
Nationality of
the offender is
the basis
Active
nationality
Nationality of
the victims is
the basis.
Case… Cutting
case(1886).
USA vs
Yunis(1988).
Passive
nationality

14. Nationality for the convenience
 State has decided in most of the cases to follow the
active or passive principles on their advantages.
Govt. of India vs. U.C.C
• Claim was filed in the USA court as
about 3900 core rupes
• But court refused that by abiding
passive nationality. and instructed to
file in the INDIA’s court.

15. Protective principle
 State has the powers to do anything i.e jurisdiction for
protective reasons.

16. Universal Jurisdiction
Some crimes should
be under the
jurisdiction all
states.
• These are also termed as
positive international
law.
Crimes are…
• Crime against humanity.
• Crime against peace.
• War crimes.
Attorney general of
Govt. of Israel Vs.
Eichman;(1961)
• He was German national
who was accused of
crime against Zeus.
• Mossad kidnapped him
and punished him to
death.

17. Thank you for your kind co-operation