Jurisdiction and Transnational ne bis in idem in Prosecution of Transnational Crimes

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This chapter explores the range of jurisdictional principles that have been developed by various states to address the applicability of ne bis in idem to the prosecution of transnational crimes. It first considers two approaches under international law dealing with criminal jurisdiction before discussing state practice on jurisdictional principles, focusing on territorial jurisdiction, the protective principle, the flag principle, and the active nationality principle. The aut dedere, aut judicare principle, passive nationality principle, the domicile principle, the principle of universal jurisdiction, and the principle of complementary jurisdiction/secondary jurisdiction are also examined, along with the justifications for states to vest extraterritorial jurisdiction. The chapter concludes with an analysis of solution mechanisms for the prevention of conflicts of jurisdiction and of limitations to jurisdiction.
Original languageEnglish
Title of host publicationThe Oxford Handbook of Criminal Process
EditorsD.K. Brown, J. Iontcheva Turner, B. Weisser
PublisherOxford University Press
Number of pages35
ISBN (Electronic)9780190659837
ISBN (Print)9780190659837
Publication statusPublished - 2019

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