UPI3612 PUBLIC INTERNATIONAL LAW 1

TUTORIAL 6

1. Explain the following terms with examples:-

a) Jurisdiction

b) Extradition

2. Explain with examples the General Principles on which Criminal Jurisdiction is claimed

Question a)

Jurisdiction, in general, is the power to exercise authority over persons and things within a
territory. In its legal use, jurisdiction means the power of a court to hear and decide a case or
issue a decree. Jurisdiction can also relate to a geographical area in which a political authority
is recognized.

The Legal Information Institute at Cornell University breaks jurisdiction down into three
components:

whether there is jurisdiction over the person,

whether there is jurisdiction over the subject matter, and

whether there is jurisdiction to render the particular judgment sought.

What is Jurisdiction over Subject Matter and Person?

When a legal case is being considered, one of the first questions involves where that case will
be heard; that is, the question of jurisdiction must be decided. The jurisdiction of a legal case
depends on both personal jurisdiction and subject matter jurisdiction. Subject matter comes
first.

To have the power to hear a case, a court must have both subject matter jurisdiction and
personal jurisdiction over the matter. For example, a business bankruptcy case can only be
heard in a bankruptcy court, but the location of the persons involved determines the specific
bankruptcy court hearing the case. Other cases in which subject matter is important are
immigration cases and patent disputes; both must be heard in federal courts.

What are Some Examples of Jurisdiction?

Personal jurisdiction is based on where the parties (usually the defendant) lives or has
property or does business; these are usually state court issues. Most states recognize residence
and business location for personal jurisdiction.

For cases involving online vendors, the concept of "minimal contacts" can be used.

In these cases, if a person or business has "minimal contact" within the state, the state can
have jurisdiction. So, if an online vendor is a citizen of, say, Ohio, but the business takes
orders from someone in Indiana, the vendor could be said to have "minimal contact" in
Indiana, and Indiana could have jurisdiction, particularly if the customer was in Indiana.

In custody disputes in divorce cases, including grandparent visitation, the lawsuit will be
filed in the state where the original divorce has been filed; the child's "home state."

In divorce cases involving military personnel, there can be up to three jurisdictions: the legal
residence of the military member; the legal residence of the spouse; and the state that the
service member is stationed in.

B) Extradition

What happens to people who commit crimes in one state and then flee to another state? What
about individuals who commit crimes in the United States and then escape to other countries? Do
these criminals just get away with their crimes because they left the jurisdiction where the crimes
were committed? The simple answer most of the time is 'no', thanks to the concept of extradition.

It its simplest form, extradition is the act of one governmental authority formally turning over an
alleged criminal to another governmental authority for prosecution for a criminal charge. Generally,
extradition happens between two states or two countries.

Extradition Between States

The legal concept of extradition was created by the Extradition Clause of the Constitution of the
United States of America, found in Article IV, Section 2. Specifically, the Extradition Clause states that
if a person commits a crime in one state and then flees to another state, then if the state where the
crime was committed demands the criminal's return, the state where he was found must return him
to the state where the crime was committed.

The rules and procedure for extradition can be found in the Federal Code of Laws at 18 U.S. Code
Chapter 209. In order to be extradited, states must follow the following rules:

1. Demand made by an executive authority to the state where the fugitive fled

2. Provide a copy of the indictment or an affidavit with the demand

3. The indictment must be for treason, felony or other crime

 4. The documents must be certified by the governor or chief magistrate of the state where the
crime was committed

5. The state where the fugitive has fled must arrest the fugitive and notify the state demanding
return of such arrest

6. The agent of the executive authority who requested extradition must appear to receive the
fugitive within 30 days of the date of arrest

Example

Let's say that Bonnie and Clyde committed murder in Alabama and then drove into Georgia.
Alabama then puts out a warrant for their arrest and notifies Georgia that the fugitives are possibly
there. In Georgia, Clyde drinks and drives, leading him to get pulled over and arrested. Georgia
notifies Alabama of Clyde's arrest. Alabama demands Clyde's return. Due to extradition, Georgia
returns Clyde to Alabama to face prosecution for murder.

Extradition Between Countries

Extradition between countries is governed by treaties. Generally, extradition is limited to the specific
crimes listed in the applicable treaty. In the United States, extradition requests between countries go
through the Department of Justice and Department of State.