Lesson 10 min 20 XP
Jurisdiction and Sovereignty
When can a state exercise legal authority beyond its borders? The rules — and the conflicts — of international jurisdiction.
Bases of Jurisdiction
Jurisdiction is the legal authority of a state to prescribe rules, adjudicate disputes, and enforce its laws. International law recognizes several bases for jurisdiction:
- Territorial: A state has jurisdiction over conduct within its borders. This is the most straightforward and least controversial basis.
- Nationality: A state can exercise jurisdiction over its own nationals, even abroad. France, for example, can prosecute French citizens for crimes committed anywhere in the world.
- Passive personality: Some states claim jurisdiction when their nationals are victims of crimes abroad.
- Protective: A state can exercise jurisdiction over conduct that threatens its security, even if committed abroad by foreigners.
- Universal: For the most serious crimes (genocide, piracy, torture), any state can exercise jurisdiction regardless of where the crime occurred or who was involved.