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Essay On Extraterritorial Jurisdiction

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Extraterritorial criminal jurisdiction can in many circumstances be a useful and legitimate response to transnational crime. Criminal activity is not always confined to territorial boarders, and so the law may seek to follow the crime to prevent an offender from enjoying impunity. A number of states have included in their criminal legislature provisions allowing for the investigation and prosecution of international crimes, even when such crime is committed outside their national territory and whether or not the perpetrators or the victims are nationals of the state concerned”.

The importance of extraterritorial jurisdiction was also seen in the Advisory Opinion of 11 April 1949 – Reparations for injuries suffered in the service of the United Nations. Personnel of the UN were targeted in Palestine which culminated in the assassination of …show more content…

Since the rights and duties of an entity such as the UN must depend upon its purposes and functions. The UN was found to be capable of possessing international rights and duties and had the capacity to maintain its rights by bringing international …show more content…

To govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign

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The existence of the United States Empire has been in question in recent years. Pagden’s writing argues against the existence of the U.S. Empire. His argument was that even though we go into these countries and install our own government, by leaving before they revolt and allowing them to take control of the government we installed we allow them to remain a separate nation. In his interpretation of Empire one country must role over many others in an unequal relationship.

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In this story the U.D.H.R was violated, (Universal Declaration of Human Rights) in this declaration, there embeds a list of human rights in which are

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THE INTERNATIONAL COURT OF JUSTICE AND OPERATION ALLIED FORCE Introduction Wars, human rights violations and poverty: these are among the main issues that the world is trying to deal with and come up with effective solutions. However, as practice has shown the results are far from being considered a success. Thus, the international community is still in a continuous search for powerful legal mechanisms that can lead the world to a more prosperous state and discourage both non-state and state actors from violating international laws. This is especially important in the matters of peace preservation and regulation of the use of force.

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The strength of this book is based on the writer's capacity to draw an obvious conclusion regarding global relations, ideas, and history. They discuss three fundamental types of world legislative issues; World Imperial system, Feudal system, and anarchic international system. They particularly accentuate the anarchic international system. For example, the universal sovereign absence clarifies that the world is a self-help system dependent on every state to do what is best for themselves and additionally the community of states. They connect that idea with distinctive political philosophers, for example, Thomas Hobbes, John Locke, and Marx.

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There shall be no annexations, no contributions, no punitive damages ... Self-determination is not a mere phrase. It is an imperative principle of action which statement will henceforth ignore at their peril ... Every territorial settlement involved in this war must be made in the interest and for the benefit of the populations concerned, and not as a part of any mere adjustment or compromise of claims amongst rival State.”

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Introduction Mass crimes committed by dictatorial regimes on their own citizens are now one of the main threats to international peace and security, which makes it necessary to use humanitarian intervention as a method of enforcing the protection of human rights. During the Cold war, the notion of “sovereignty” was really strong; therefore, due to moral arguments none of the states were aiming at involving into politics of foreign states (Bellamy & Wheeler, 2014 p. 480). It was due to the fact that humanitarian interventions were contradicting with the idea of sovereignty in those years. According to realists, sovereignty means “no actor above the state that can compel it to act in specific ways” (Smith & Owens & Baylis, 2014 p.4). This view

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The European Union has been involved with the United Nations as an observer since 1974, with delegatations at five major UN sites. After two decades, the EU was given an enhanced observer status from 2011, after which it has been able to submit its own proposals, circulate documents and even participate in the debates. The EU-UN partnership consists of a huge range of issues, from fighting corruption and crime to peacebuilding in conflict-ridden countries and addressing global health concerns. The EU mainly supports the core mandate of the UN, which is to promote and monitor human rights issues in the world. By working hand in hand, the EU and the UN have been attempting to make human rights a reality in people’s daily lives and the EU seems to have developed its capacities to provide the necessary support to the UN.

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The judge begins with discussing the shift in international law regarding torture and crimes against humanity from being a State centric group of rules to a set of rules that hold individuals accountable for bad governance and crimes of international importance. Universal jurisdiction for the crime of torture is now accepted as jus cogens,even by Chile, as the offenders are offenders against the international community as a whole . The Charter of the Nuremberg Tribunal and U.N. General Assembly Resolutions 3059, 3452 and 3453 passed in 1973 and 1975; Statutes of the International Criminal Tribunals for former Yugoslavia (Article 5) and Rwanda (Article 3) are cited to press on the matter . The Working Group on the 1984 Torture Convention

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The Evolving Mandate of the UN With new threats to global security, the UN has sought to define its mandate. To achieve excellence, the numbers of officers under the organization has increased and now include

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Over the past years this ‘Western’ exercise of universal jurisdiction has been increasingly under attack by several Non-Western States and international organizations. For example, the AU has adopted several decisions, censuring the political abuse of universal jurisdiction in particular against African officials, by Western States. In 2008, the AU openly challenged the political nature and abuse of the principle of universal jurisdiction by judges from some non-African States against African leaders. It stated that the misuse of universal jurisdiction clearly violated the sovereignty and territorial integrity of the countries involved and it undermines the stability of African States.

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The legal consequences of this distinction were emphasized by the International Court of Justice in the Asylum case (Colombia/Peru). Referring to the submission of the Colombian government, the majority of the Court said: “The arguments.........reveal confusion between territorial asylum (extradition), on the one hand, and diplomatic asylum, on the other. In the case of extradition, the refugee is within the territory of the state of refuge. A decision with regard to extradition implies only the normal exercise of the territorial sovereignty. The refugee is outside the territory of the state where the offence was committed, and the decision to grant him asylum in no way derogates from the sovereignty of that state.

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Introduction Humanitarian intervention is a hard topic to discuss considering the fact that the global community is constructed on the ideas or principles of sovereignty, non-intervention, and the non-use of force. After a mass loss of human lives in the Second and First World War, the society of states has launched laws that prohibit genocides, dismissal of the ill-treatment of the civilian people and establishing basic human rights. There is a conflict between the ideology of sovereignty and non-intervention. State sovereignty is something very important because, as the meaning of the term “sovereignty”, states are supported to be the guardian angels of their citizens’ security. Although this does not happen as expected, instead of some states

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Chapter 3: Complementarity Section 1: Introduction The legal framework for complementarity as referenced in the Rome Statute is set out in art. 1, 17 and 20 of the Statute. The principle of complementarity in the Rome Statute is one of the highlights of the Statute as it regulates and addresses a very profound question that usually arises in situations where one judicial entity fulfils functions, that can be fulfilled or in actual fact fulfilled by another judicial entity. The question that arises in this regard revolves around the governance of the mutual relationship and interaction, between both entities.

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Since all modern states are nation states and under the umbrella of nation state, all the institutions, relevant offices, state policies and individual’s views should be on the same page or else otherwise the power, i.e. the one who’s responsibility is to maintain the state’s writ, i.e. the military would go and crush all the hurdles in order to preserve the state’s ideological as well as the geographical territory. The international law recognizes that the state can utilize its resources for the sake of its sovereignty within the given territory. If we take an example of our country, we find that despite of having diverse ethnical and cultural backgrounds we are still a modern nation state only because of religion. But the thing is that if we really want to form a modern state then we need to keep religion separate from the state since the very idea of modern state is to keep the state

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