Principle of territoriality
Encyclopedia
The territorial principle (also territoriality principle) is a principle of public international law under which sovereign state
can prosecute criminal offences that are committed within their borders. The principle also bars states from exercising jurisdiction beyond its borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction
.
The Lotus case was a key court ruling on the territoriality principle. In 1926, a French
vessel collided with a Turkish
vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice
ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence
, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.
Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization
and the Internet
. The applicability of this principle also was in question, with the case against Augusto Pinochet
and other cases of transnational justice.
vs. Personality principle, which is: The basis on which it is stated that Law is Law according to legal rules from where one comes from. (Laws practiced according to tribe of origin)
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
can prosecute criminal offences that are committed within their borders. The principle also bars states from exercising jurisdiction beyond its borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
.
The Lotus case was a key court ruling on the territoriality principle. In 1926, a French
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
vessel collided with a Turkish
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice
Permanent Court of International Justice
The Permanent Court of International Justice, often called the World Court, was an international court attached to the League of Nations. Created in 1922 , the Court was initially met with a good reaction from states and academics alike, with many cases submitted to it for its first decade of...
ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.
Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization
Globalization
Globalization refers to the increasingly global relationships of culture, people and economic activity. Most often, it refers to economics: the global distribution of the production of goods and services, through reduction of barriers to international trade such as tariffs, export fees, and import...
and the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
. The applicability of this principle also was in question, with the case against Augusto Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
and other cases of transnational justice.
vs. Personality principle, which is: The basis on which it is stated that Law is Law according to legal rules from where one comes from. (Laws practiced according to tribe of origin)