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.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 744 | 258 | 24 |
| Full Text Views | 342 | 30 | 1 |
| PDF Views & Downloads | 317 | 75 | 2 |
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 | 744 | 258 | 24 |
| Full Text Views | 342 | 30 | 1 |
| PDF Views & Downloads | 317 | 75 | 2 |