The Territorial Principle as a Basis for State Criminal Jurisdiction: Particularly with Regard to Cross-Border Offences and Attempts, and to Multiple Parties to an Offence Acting in Different Countries

Abstract

The purpose of this article is to explore the scope of the territorial principle under (customary) international law, with a particular focus on cases of cross-border offences and attempts, and multiple parties to an offence acting in different countries. Our analysis will begin with an examination of the foundations and limits of state criminal jurisdiction and the territorial principle in general. In this context, we will also discuss the justification of this principle vis-à-vis other states and its relationship to other jurisdictional principles. In order to determine the pertinent contours of customary international law, we will use an approach that is both inductive and deductive, and, as such, involves the reporting on and analysis of relevant state practice.