LAW 221: INTERNATIONAL LAW Dr. Başak Çalı

Outline Jurisdiction cc’ed. Introduction to the international law of state immunity Outline

What happens when more than one state asserts territorial jurisdiction over a crime/delict or when a state asserts territorial jurisdiction and another state asserts jurisdiction on other grounds? What happens when noone claims jurisdicition? What happens when more than one state asserts jurisdiction over the same territory? What happens when one’s claim to territorial jurisdiction harms the interests or jurisdictional claims of another state? IL Questions

Absence of jurisdiction claims Practice of amnesties or lack of a definition of a crime No jurisdicition: Common argument in times of armed conflict and in post conflict situations Absence of jurisdiction claims

Conflicting territorial jurisdictional claims Pre-1945: Continious (historical) and peaceful display of authority doctrine up until a critical date test (Palmas case Netherlands v. UK 1928) UNCLOS: has clauses re: conflicting claims, i.e. ability to assert jurisdiction on islands/artifical within EEZ Post 1945: UN Charter Article 2(4): No state can assert jurisdiction by use of force Conflicting territorial jurisdictional claims

Extra territorial effects of territorial jurisdiction A common problem in International Trade Law US Tuna II (Mexico) WTO Appellate Body 2012 Territorial jurisdiction harmful to trade interests of other states: WTO disputes

Maritime Jurisdiction Contagious Zone ( 12 miles plus 12 miles) – note Turkey’s objection: for customs, sanitary, fiscal and immigration purposes Continental shelf (post 1945 Truman proclamation) – jurisdiction over sea bed. Exclusive Economic Zone (200 nautical miles- UNLCOS creation): jurisdiction over natural resources, including fish, oil gas, and gravel. Maritime Jurisdiction

Maritime Jurisdiction

Collusion between the French Ship Lotus and the Turkish Ship Bozkurt in the high seas. Eight nationals on board the Turkish vessel are killed. Captains of both ships were charged with manslaughter by Turkish Courts France protested arguing that Turkey had no jurisdiction to try the French Captain. Lotus-Bozkurt case- 1927

Lotus reasoning France has jurisdiction on the French vessel. Turkey has jurisdiction on the Turkish vessel. There is no rule that explicitly states who has jurisdiciton. When the collusion took place, the crime was committed in the Turkish vessel (i.e. territory). Presumption of territorial jurisdiction, therefore, Turkey has not violated international law by asserting jurisdiction. Lotus reasoning

Italian marines case

Universal jurisdiction States as agents of the common conscience of mankind Complementary to other grounds of jurisdiction. It is desirable that crimes for which the jurisdicition is exercised have international status: otherwise it can be manipulative. International crimes under the ICC Statute: War crimes, crimes against humanity, genocide Other crimes where states claim universal jurisdiction: piracy, airplane hijacking, torture. Universal jurisdiction

Pros and Cons of universal jurisdicition It can help fight impunity of criminals It can lead to similar ways of understanding crimes amongst nations It can help some states to revise their own criminal justice systems It can help fight crime and deter criminals It can be used for political reasons It can destablise the sovereign equality of states It can lead to worsening of bilateral relations between states Pros and Cons of universal jurisdicition