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Traditionally, the courts of a State have jurisdiction only over persons who have committed a crime within its territory (territorial jurisdiction). Gradually, international law recognized that national courts could exercise forms of extraterritorial jurisdiction: to try crimes committed outside their territory, by their nationals (active personal jurisdiction); against their nationals (passive personal jurisdiction); or against their essential security interests (actual jurisdiction). In addition, international law has begun to recognise that the courts of a State may exercise jurisdiction,…mehr

Produktbeschreibung
Traditionally, the courts of a State have jurisdiction only over persons who have committed a crime within its territory (territorial jurisdiction). Gradually, international law recognized that national courts could exercise forms of extraterritorial jurisdiction: to try crimes committed outside their territory, by their nationals (active personal jurisdiction); against their nationals (passive personal jurisdiction); or against their essential security interests (actual jurisdiction). In addition, international law has begun to recognise that the courts of a State may exercise jurisdiction, in the absence of any connecting factors, on behalf of the international community as a whole with respect to certain serious crimes of international concern (universal jurisdiction). Yet the attribute that allows a State to dispense justice has always been seen as a characteristic of its sovereignty. This study addresses the remaining problem between the principle of state sovereignty and the fight against impunity through the implementation of universal jurisdiction.
Autorenporträt
Fulgence KOFFI es estudiante de doctorado afiliada al Instituto de Derecho Público y Ciencias Políticas de la Universidad de Rennes 1, (IDPSP UR1_RS438). Sus áreas de investigación son: la justicia de transición, la protección internacional de los derechos humanos y el derecho penal y humanitario internacional.