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The Philosophical Foundations of Extraterritorial Punishment$
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Alejandro Chehtman

Print publication date: 2010

Print ISBN-13: 9780199603404

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199603404.001.0001

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Extraterritorial Jurisdiction over Municipal Crimes

Extraterritorial Jurisdiction over Municipal Crimes

Chapter:
(p.55) 3 Extraterritorial Jurisdiction over Municipal Crimes
Source:
The Philosophical Foundations of Extraterritorial Punishment
Author(s):

Alejandro Chehtman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603404.003.0004

This chapter critically examines the principles that ground extraterritorial criminal jurisdiction over domestic offences under international law. It argues that the reasons that account for a state holding the power to punish advocated in Chapter 2 explain it as having jurisdiction over any offence committed on its territory and over offences committed abroad against their sovereignty, security, or important governmental functions (principle of protection). It suggests, however, that these reasons are incompatible with the widely-held principles according to which states claim extraterritorial jurisdiction over an offence on the basis of the nationality of either the offender (nationality principle) or the victim (principle of passive personality). The chapter not only argues that all the reasons that are often given for these principles are ultimately unconvincing at the bar of justice; it also argues that the argument for the scope of states' right to punish is overall more convincing than the one that would result from some of the most influential justifications for legal punishment available in the literature.

Keywords:   jurisdiction, nationality principle, passive personality principle, principle of protection, universal jurisdiction, domestic crimes, extraterritoriality, punishment, retribution, deterrence

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