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Max Planck Encyclopedia of Public International Law [MPEPIL]

Criminal Jurisdiction of States under International Law

Ilias Bantekas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Prosecution — Jurisdiction of states, nationality principle — Foreign relations law — Jurisdiction of states, passive personality principle — Jurisdiction of states, protective principle — Jurisdiction of states, universality principle

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The term ‘jurisdiction’ refers to the power of States to subject persons or property to their laws, judicial institutions, or enforcement capacity. This corresponds to the three types of jurisdiction, that is, legislative, judicial, and enforcement jurisdiction (Jurisdiction of States). Criminal jurisdiction should be distinguished from other forms of jurisdiction arising out of torts or contract, even if the foundation for such actions is an international crime such as torture, as is the basis for the United States Alien Tort Statute. The exercise of criminal...
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