The Nationality Principle

The nationality principle recognizes that a sovereign can adopt criminal laws which govern the conduct of the sovereign’s nationals while outside of the sovereign’s borders. Under this principle, for example, a sovereign can make it a crime for its nationals to engage is sexual relations with minors while outside of its borders or to pay bribes outside of its borders to public officials of another sovereign.

The nationality principle has the effect of allowing a sovereign to adopt laws that make it a crime for its nationals to engage in conduct that is not illegal in the place where the conduct is performed. For example, under this principle a sovereign could make it a crime for its nationals to gamble. If Jane Smith, one of the sovereign’s nationals goes to Monte Carlo and gambles, notwithstanding that gambling is perfectly legal in Monte Carlo, Jane Smith has committed a crime in her country and is subject to prosecution.

The Passive Personalty Principle

The passive personalty principle recognizes that a sovereign can adopt laws that apply to conduct of foreign nationals who commit crimes against the sovereign’s nationals while the sovereign’s nationals are outside of the sovereign’s territory.

The Universal Principle

The universal principle recognizes that a sovereign can adopt criminal laws that apply to conduct performed by any person any where in the world when the conduct is recognized by nations as being of universal concern. One type of conduct deemed to be of universal concern is piracy.

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Crim Juris 6