State jurisdiction under PUBLIC INTERNATIONAL LAW

STATE JURISDICTION UNDER INTERNATIONAL LAW

1. State --?---?--- under int. law By K M Rakibul Islam Lecturer, dept. of law Green University of Bangladesh.

2. Can Barrack Obama say to Kenya “ you cannot trail …..!! Protective principle and Preemptive attack!!! Borderless crimes like drug, smuggling, human trafficking, Can BD say I will do what I want?? Lotus Case(1927) How far a state a can practice its jurisdiction? Lord Macmillan: In all persons, things-In all civil & criminal matters Think point:

3. “No state attempts to exercise a jurisdiction over matters, persons or things with which it has absolutely no concern.”

4. Principles governing state jurisdiction Conflicts of nationality and territoriality principles B . Universal principle and trail of war crime

5. (Main points to be discussed ) State Jurisdiction under Int. Law Preemptive attack : what is the justification: Aljazeera Conflicts of nationality and territoriality principles Universal principle and trail of war crime, War crimes, Crime against humanity, Crime of grave nature. Special reflection point Knowing what we know now, international crime in historic perspective

6. What is state Jurisdiction? The power of the state under international law to govern persons and property by its municipal law.

7. It includes….

8. Basis of state jurisdiction. It is the sovereignty that results the authority of state jurisdiction. Ultimate holds view point of justification for having state jurisdiction. The dignity of the state is with the power of sovereignty.

9. Classification of state jurisdiction.

10. Principles governing state jurisdiction

11. state territory State jurisdiction is enlarged with the state territory. The state territory encompasses with the air, water, land all the components in state.

12. Nationality The practical linkage between the state and citizens. Every persons shall be the citizens of at least one country. There is problems with the nationality and territoriality principles in practice.

13. Nationality (cont.)

14. Nationality for the convenience State has decided in most of the cases to follow the active or passive principles on their advantages.

15. Protective principle State has the powers to do anything i.e jurisdiction for protective reasons.

16. Universal Jurisdiction

17. Any Questions? Thank you for your kind co-operation