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Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of International Criminal Law
In: International Criminal Law ReviewAbstract
The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred on the territory) is the dominant approach, with the exception of England. As far as cross-frontier participation and inchoate offences are concerned, however, solutions diverge considerably among States.
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| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 777 | 253 | 12 |
| Full Text Views | 345 | 32 | 1 |
| PDF Views & Downloads | 325 | 79 | 3 |
Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of International Criminal Law
In: International Criminal Law ReviewAbstract
The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred on the territory) is the dominant approach, with the exception of England. As far as cross-frontier participation and inchoate offences are concerned, however, solutions diverge considerably among States.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 777 | 253 | 12 |
| Full Text Views | 345 | 32 | 1 |
| PDF Views & Downloads | 325 | 79 | 3 |