• Wrong document? Swap it for free
  • Written by students who passed
  • Immediately available after payment
  • Read online or as PDF
Sell
Where do you study
Your language
Document preview thumbnail
Preview 2 out of 9 pages
Other

Notes + working group effects week 4 Public International Law

Document preview thumbnail
Preview 2 out of 9 pages

Notes and working group results from week 4 of the Public International Law course. The teacher's correction is in bold.

Content preview

CLASS 4 - JURISDICTION AND IMMUNITY

Overview Literature:
Henriksen:
- Chapter 5;
- Chapter 6
Cases:
- ICJ, Jurisdictional Immunities Case (Germany v. Italy);
- ICJ, Arrest Warrant Case (Democratic Republic of Congo v. Belgium).
Other materials:
- Knowledge clips class 4;
- Newspaper Article: “Tokyo angered after South Korea court orders Japan to
compensate 'comfort women”
- CNN news article: “US determines Saudi Crown Prince is immune in case
brought by Jamal Khashoggi’s fiancée”

Learning objectives: At the end of this class, students:
- Understand the five principles on the basis on which jurisdiction can be claimed;
- Understand the controversy regarding universal jurisdiction;
- Are able to distinguish between acta jure gestionis and acta jure imperii;
- Understand the extent to which diplomats and embassies/consulates enjoy
immunity;
- Are able to explain what was determined in the ICJ Jurisdictional Immunities
case and why this ruling is noticeable;
- Are able to explain, with the use of the ICJ Arrest Warrant case, which persons
enjoy immunity from prosecution by foreign courts in which circumstances.

, Notes
Immunity: even though you committed a crime and another state has jurisdiction,
you can’t be prosecuted. You’re untouchable.
Jurisdiction: authority to do whatever you want, to enforce law for example.
Sovereignty: to protect your country and do whatever you want; territorial
jurisdiction, or to do with your citizens as you want; jurisdiction on the basis of
active nationality, protecting your citizens; jurisdiction on the basis of passive
nationality.

Types of jurisdiction because of coexistence, otherwise there won’t be
sovereignty and there will be chaos.

Which principle(s) of jurisdiction?
Identify: what is the connection between the state and the crime?
- Who committed the crime?
- Where was the crime committed?
- Against whom was the crime committed?
- What kind of crime was committed?

Types of jurisdiction:
- Territorial jurisdiction: state has jurisdiction over the land/sea/space of their
territory, boundaries.  sovereignty
- Jurisdiction on the basis of active nationality: based on the nationality on the
perpetrator, this country can prosecute.
- Jurisdiction on the basis of passive nationality: based on the nationality of the
victim, this country can prosecute.
- Protective jurisdiction: based on vital interests of a state, for example
falsifying passports/currencies, acts of terrorism, drugs.
- Universal jurisdiction: every state has jurisdiction, act has to be so extreme;
jus cogens: grave war crimes, crimes against humanity, genocide.

- State jurisdiction vs. international court’s jurisdiction
- Five grounds for prescriptive jurisdiction  state jurisdiction
 Territorial jurisdiction
 Jurisdiction on the basis of nationality
o Active personality
o Passive personality
 Protective jurisdiction
 Universal jurisdiction
Problem: more than one state can claim jurisdiction (overlapping jurisdiction)

Connected book
 image
Anders Henriksen International Law
Publisher: Unknown ISBN: 9780192870087 Edition: Unknown

Document information

Study
Uploaded on
April 3, 2023
Number of pages
9
Written in
2022/2023
Type
Other
Person
Unknown
$7.49

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Sold
0
Followers
0
Items
16
Last sold
-




Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions