Defense argues that US Criminal Statutes do not cover the deaths of Kenyan and Tanzanian Citizens Court rejects this and states that the deaths of those citizens are covered under both the Universal Principle and Protective Principle of Jurisdiction to Prescribe Jurisdiction to Enforce and Adjudicate Authority of a State to induce or compel compliance with its law EX Arrest of person or property (UK arresting defendant I Pinochet Case) EX US abduction in Alvarez-Machain or the service of documents abroad Includes Administrative Sanctions, Police Activity, Sanctions, Court Processes Rest. § 432 Measures in Aid of Enforcement of Criminal Law A state’s law enforcement officers may exercise their functions in the territory of another state only with the consent of the other state, given by duly authorized officials of that state Rest. § 433 External Measures in Aid of Enforcement of Criminal Law: Law of the US Law enforcement officers of the US may exercise their functions in the territory of another state ONLY: With the consent of the state and if duly authorized by the US AND In compliance with the laws both of the US and of the other State BLACK LETTER PRINCIPLES States may NOT take enforcement measures in the territory of another state without consent Remedy of violation of this principle is NOT dismissal of the case Male Captusi Rule The illegality of a suspect’s seizure will NOT preclude and punishment UNLESS the affected State protests Jurisdiction to Enforce is INTRINSICALLY territorial General Jurisdictional Principles A State can have jurisdiction to prescribe (i.e. ability to apply its law) without necessarily having the jurisdiction to enforce that law EXAMPLE Sheinbein commits crime in MD but then leaves to go to Israel Jurisdiction to prescribe US murder laws apply to him (crime committed in MD) Jurisdiction to enforce (Not Available) US can’t enforce the law (by arresting, trying, and sentencing the defendant) because Sheinbein is physically in Israel Jurisdictional and Prudential Limitations Foreign Sovereign Immunity Act of 1976 ONLY APPLIES IN DOMESTIC COURTS Confrontations between countries can be avoided if each country is immune from the jurisdiction of every other country’s courts Immunity was once treated as a Political Question
Defense argues that US Criminal Statutes do not cover the deaths of Kenyan and Tanzanian Citizens Court rejects this and states that the deaths of those citizens are covered under both the Universal Principle and Protective Principle of Jurisdiction to Prescribe Jurisdiction to Enforce and Adjudicate Authority of a State to induce or compel compliance with its law EX Arrest of person or property (UK arresting defendant I Pinochet Case) EX US abduction in Alvarez-Machain or the service of documents abroad Includes Administrative Sanctions, Police Activity, Sanctions, Court Processes Rest. § 432 Measures in Aid of Enforcement of Criminal Law A state’s law enforcement officers may exercise their functions in the territory of another state only with the consent of the other state, given by duly authorized officials of that state Rest. § 433 External Measures in Aid of Enforcement of Criminal Law: Law of the US Law enforcement officers of the US may exercise their functions in the territory of another state ONLY: With the consent of the state and if duly authorized by the US AND In compliance with the laws both of the US and of the other State BLACK LETTER PRINCIPLES States may NOT take enforcement measures in the territory of another state without consent Remedy of violation of this principle is NOT dismissal of the case Male Captusi Rule The illegality of a suspect’s seizure will NOT preclude and punishment UNLESS the affected State protests Jurisdiction to Enforce is INTRINSICALLY territorial General Jurisdictional Principles A State can have jurisdiction to prescribe (i.e. ability to apply its law) without necessarily having the jurisdiction to enforce that law EXAMPLE Sheinbein commits crime in MD but then leaves to go to Israel Jurisdiction to prescribe US murder laws apply to him (crime committed in MD) Jurisdiction to enforce (Not Available) US can’t enforce the law (by arresting, trying, and sentencing the defendant) because Sheinbein is physically in Israel Jurisdictional and Prudential Limitations Foreign Sovereign Immunity Act of 1976 ONLY APPLIES IN DOMESTIC COURTS Confrontations between countries can be avoided if each country is immune from the jurisdiction of every other country’s courts Immunity was once treated as a Political Question
International%20Law%20Final%20-%20Steinhardt%20-%20Fall%202011.docx