Criminal Jurisdiction Over Armed Forces Abroad

Criminal Law › International Law

Criminal Jurisdiction Over Armed Forces Abroad

By Rain Liivoja
Cambridge University Press September 2017

Specifications

ISBN-13
9781107039506
Publisher
Cambridge University Press
Publication
September 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Rain Liivoja explores why, and to what extent, armed forces personnel who commit offences abroad are prosecuted under their own country's laws. After clarifying several conceptual uncertainties in the doctrine of jurisdiction and immunities, he applies the doctrine to the extraterritorial deployment of service personnel.

Comparing the law and practice of different states, the author shows the sheer breadth of criminal jurisdiction that countries claim over their service personnel. He argues that such claims disclose a discrete category of jurisdiction, with its own scope and rationale, which can be justified as a matter of international law. By distinguishing service jurisdiction as a distinct category, the analysis explains some of the peculiarities of military criminal law and also provides a basis for extending national criminal law to private military contractors serving the state.

This book is essential for scholars and practitioners in international and criminal law, especially in military contexts.

Table of Contents

Foreword Eyal Benvenisti
1. Criminal jurisdiction under national law
2. Criminal jurisdiction under international law
3. Immunities from criminal jurisdiction under international law
4. Armed forces abroad
5. Status of armed forces abroad
6. Service jurisdiction under national law
7. Service jurisdiction under international law.
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