ALCOHOLISM AND CRIMINAL JURISDICTION

Exercising FOREIGN CRIMINAL JURISDICTION over State officials

Our article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes.  We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. ...

criminal jurisdiction in cyberspace

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Piggyback Jurisdiction in the Proposed Federal Criminal Code

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Piggyback Jurisdiction in the Proposed Federal Criminal Code

The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of...