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territory or quasi-territory have harmful consequences therein. In this light, jurisdiction is a positive consequence of sovereignty.
According to the Princeton University Program in Law and Public Affairs, the fundamental principles of universal jurisdiction include:
1. Criminal jurisdiction based solely on the nature of the crime, without regard to where the crime was committed, the nationality of the alleged or convicted perpetrator, the nationality of the victim, or any other connection to the state exercising such jurisdiction.
2. Universal jurisdiction may be exercised by a competent and ordinary judicial body of any state in order to try a person duly accused of committing serious crimes under international law as specified in Principle 2(1), provided the person is present before such judicial body.
3. A state may rely on universal jurisdiction as a basis for seeking the extradition of a person accused or convicted of committing a serious crime under international law as specified in Principle 2(1) provided that it has established a prima facie case of the person's guilt and that the person sought to be extradited will be tried or the punishment carried out in accordance with international norms and standards on the protection of human rights in the context of criminal proceedings.
4. In exercising universal jurisdiction or in relying upon universal jurisdiction as a basis for seeking extradition, a state and its judicial organs shall observe international due process norms including but not limited to those involving the rights of the accused and victims, the fairness of the proceedings, and the independence and impartiality of the judiciary (hereinafter referred to as “international due process norms”).
5. A state shall exercise universal jurisdiction in good faith and in accordance with its rights and obligations under international law.
Jurisdiction in international law is different from the municipal meaning of jurisdiction which states the power of a court to entertain a case i.e. not all can be entertained in the various courts of the land.
Jurisdiction can be exclusive i.e. where a single state exercises control over a territorial jurisdiction or concurrent where more than one state can exercise its authority over a territorial jurisdiction as in the case of pirates.
SELF-ASSESSMENT EXERCISE
1. What is Jurisdiction in International Law?
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3.2 Classifications of Jurisdiction
There are many classifications of jurisdiction. According to Levi, jurisdiction can be classified into:
Temporal: the time a state acquires or loses personality.
Spatial: the physical area over which a state has jurisdiction over persons, things and transactions.
Personal: the natural and jurisdictional persons over which a state has competence.
Material: relating to the subject matter of jurisdiction
For the American Re-statement of the Law, jurisdiction can be classified into three categories:
1. Jurisdiction to Prescribe: the power to make laws by legislation, executive act, administrative rule, regulation or determination of court.
2. Jurisdiction to adjudicate: this refers to the subjection of persons and things in both civil and criminal matter to the process of the courts and administrative tribunals.
3. Jurisdiction to enforce whether in judicial or non-judicial action, the use of resources of government to introduce or compel compliance with the law.
There are other classifications of Jurisdiction including the following:
1. Personal and territorial or quasi-territorial 2. Ordinary and extraordinary
3. Limited and Unlimited 4. Potential and actual
SELF-ASSESSMENT EXERCISE
Discuss in details five classifications of jurisdiction 3.3 International Criminal Jurisdiction
The international criminal jurisdiction gives the state the power to prosecute offenders on crimes that are intrinsically contrary to international law irrespective of nationality or territory of the crime.
Piracy, slavery, war crimes are few instances of the crimes within a state’s jurisdiction to punish offenders.
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On piracy for instance, this offence was codified in the 1958 Convention on the Law of the Sea and 1982 UN Convention on the law of the Sea which defines it as an illegal act of violence committed by the crew or passengers of the crew or passengers of a private ship or aircraft on another ship or aircraft on the high seas.
Various offences fall under the international criminal jurisdiction apart from the few mentioned above. There are international institutions established to try offenders found guilty of these crimes since 1946 starting with the London Agreement that gave birth to the establishment of an International Military Tribunal by France, UK, USA, and defunct USSR to try the Nazi leaders for crimes against peace and humanity.
Other tribunal and international criminal courts have been established to try cases of abuse in various inhuman treatment perpetrated by humans on fellow human during and after warfare.
SELF-ASSESSMENT EXERCISE
Identify some international criminal cases and how they are handled in international law.
3.4 Immunity from Jurisdiction
As states and international institutions or tribunals nationals to its jurisdiction in trials on crimes against humanity, some certain persons and institutions enjoy immunity from the jurisdiction of foreign municipal courts. These states and individuals include:
1. A foreign State 2. Foreign head of State 3. Diplomatic agents
4. Consular and international institutions
5. Agents of Consuls and International Institutions
However immunity to trial jurisdiction may be excepted if any of the following happens:
1. When a foreign state or foreign head of state sues as plaintiff, immunity will not avail for a counterclaim or set-off arising from the same dispute.
2. Issues and suits relating to land within the jurisdiction, not being land on which the foreign mission is established are not affected by a claim of immunity.
3. Where the proceedings relate to the acquisition of property through succession or gift affecting movable or immovable property.
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4. In a representative action such as debenture holders’ actions.
5. Winding-up process where a foreign head of state or member of the diplomatic mission claims an interest.
SELF-ASSESSMENT EXERCISE
State and explain five major reasons why some individuals are exempted from prosecution in international law.
4.0 CONCLUSION
The jurisdiction of a state over its citizens and natural resources is intended to curtail the excesses of the nationals of a state within and outside its territory so as to allow for a peaceful environment. The international community is also interested in checkmating humans’
inhuman treatment to one another.
5.0 SUMMARY
The above looked at the meaning of jurisdiction. It examines its various classifications. It identified the creation of international criminal jurisdiction in the management of inhuman treatment of one another given the difficulty in the regulation of some crimes by the state singularly.
6.0 TUTOR-MARKED ASSIGNMENT
From a historic point of view, can international effort to prevent crimes against humanity end inhuman treatment in the contemporary international system?
7.0 REFERENCES/FURTHER READING
Black’s Law Dictionary (6th ed.).
Levi, W. (1979). Contemporary International Law: A Concise Introduction. Boulder, Co: West view Press.
Ryngaert, C. (2008). “Jurisdiction in International Law”. In: Lowe, Vaughan (Ed.). Oxford Monographs in International Law.
Oxford: Oxford University Press.
Umozurike, U. O. (2005). Introduction to International Law. (5th ed.).
Ibadan: Spectrum Books Limited.
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