Examples Of Universal Jurisdiction

A.Universal Jurisdiction

According to Professor Kenneth C. Randall, universal jurisdiction is defined as ‘a legal principle allowing or requiring a state to bring criminal proceedings in respect of certain crimes irrespective of the location of the crime and the nationality of the perpetrator or the victim ’.

This is the most controversial form of Jurisdiction; usually based on the crime’s nature.

The definition and application of universal jurisdiction varies around the world, but mainly, it focused on jurisdiction towards crime perpetrator that violates humanity, international community and international order (i.e. war crimes, genocides, piracy, torture, slavery) regardless of perpetrator and victim identities, nationality of involved parties

State is also obliged to protect its region from external disturbance, include creating and implementing law and regulations. It called Territorial Sovereignty .

Territorial Jurisdiction is divided into two different part;

a) Objective Territorial

Objective territoriality principle is used in a country when the crime is committed outside the border of the targeted country, but the impact goes to the targeted country .

Objective territoriality was created to fill the empty gap in subjective territorial jurisdiction.

In accordance to Objective territorial jurisdiction, a state has the right to enact its domestic laws towards criminal acts, as a consequence for the crime perpetrator for bringing such harmful impact within the state’s territory although the criminal act was done in different state (i.e. cybercrime) However, it should be considered that in their efforts to show their sincerity and respect to other states’sovereignty and interest’s drafters in many states tried to create boundaries for theapplications of objective territoriality .

b) Subjective

Thus, many states claim the jurisdiction of crimes which committed by their citizens. It is done as their way of keeping a good foreign relation .

Sometimes active personality jurisdiction failed to be prosecuted and investigated when the crime perpetrators have dual nationality .

D. Passive Personality Jurisdiction

Passive Personality jurisdiction is the opposite of active personality jurisdiction, whereas in passive personality, the state whom citizen became a victim of a criminal act performed by citizen of another state .

Just like active personality jurisdiction, this jurisdiction is based on state’s feel of obligation to protect their nation from external disturbance. Other than that, this jurisdiction focused more on the impact rather than location .

There are three arguments that criticizing Passive Personality Principle .

1) Passive personality jurisdiction interferes on other state’s sovereignty.

2) Passive personality jurisdiction could be seen as unjust, for crime perpetrator possibly do not recognize that they already violated certain law and regulations of another states, which is different from his home state.

3) Passive personality jurisdiction is technically