Editing Jurisdiction (section)

====Jurisdictional principles<span class="anchor" id="Jurisdiction Principles"></span>====

Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to a person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle

[[Territorial principle]]: This principle states that the State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial.<ref>Gideon Boas, Public International Law: Contemporary Principle and Perspectives (Edward Elgar 2012) pp. 251–254.</ref><ref>Malcolm Shaw, International Law (6th edition, Cambridge University Press 2008) pp. 652–659.</ref>

[[Nationality principle]] (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside the State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals.<ref>Gideon Boas, Public International Law: Contemporary Principle and Perspectives (Edward Elgar 2012) pp. 255–256.</ref><ref>Malcolm Shaw, International Law (6th edition, Cambridge University Press 2008) pp. 659–664.</ref> There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5).

Passive Personality Principle: This principle is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused.<ref>Gideon Boas, Public International Law: Contemporary Principle and Perspectives (Edward Elgar 2012) pp. 257–258.</ref><ref>Malcolm Shaw, International Law (6th edition, Cambridge University Press 2008) pp. 664–666.</ref>

[[Protective principle]]: This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have a prejudicial impact upon the State. It is especially used when it comes to matters of national security.<ref>Gideon Boas, Public International Law: Contemporary Principle and Perspectives (Edward Elgar 2012) pp. 256–257.</ref><ref>Malcolm Shaw, International Law (6th edition, Cambridge University Press 2008) pp. 666–668.</ref>

[[Universal jurisdiction|Universality principle]]: This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example [[genocide]], [[crimes against humanity]], [[extrajudicial executions]], [[war crimes]], [[torture]], and [[forced disappearances]]. This principle also goes further than the other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as {{Lang|la|[[aut dedere aut judicare]]}}.<ref>Gideon Boas, Public International Law: Contemporary Principle and Perspectives (Edward Elgar 2012) pp. 258–259.</ref><ref>Malcolm Shaw, International Law (6th edition, Cambridge University Press 2008) pp. 668–686.</ref>