j u r i s d i c t i o n
663
Civil jurisdiction, especially as regards matters of personal status, in a
number of countries depends upon the nationality of the parties involved.
So that, for example, the appropriate matrimonial law in any dispute for
a Frenchman anywhere would be French law. However, common law
countries tend to base the choice of law in such circumstances upon the
law of the state where the individual involved has his permanent home
(domicile).
Many countries, particularly those with a legal system based upon the
continental European model, claim jurisdiction over crimes committed
by their nationals, notwithstanding that the offence may have occurred
in the territory of another state.
71
Common law countries tend, how-
ever, to restrict the crimes over which they will exercise jurisdiction over
their nationals abroad to very serious ones.
72
In the UK this is generally
limited to treason, murder and bigamy committed by British nationals
abroad.
73
Under section 21 of the Antarctic Act 1994, when a British
national does or omits to do anything in Antarctica which would have
constituted an offence if committed in the UK, then such person will be
deemed to have committed an offence and be liable to be prosecuted and
punished if convicted. In addition, the War Crimes Act 1991 provides for
71
See e.g. Gilbert, ‘Crimes’, p. 417. See also
Re Gutierrez
24 ILR, p. 265,
Public Prosecutor
v.
Antoni
32 ILR, p. 140 and
Serre et R´egnier
,
Recueil Dalloz Sirey
(
jurisprudence
), 1991,
p. 395.
72
See the statement by a Home Office Minister, noting that ‘We have exceptionally, however,
assumed extra-territorial jurisdiction over some serious crime, such as murder, where the
factors in favour of the ability to prosecute here outweigh those against’, HC Deb., vol. 445,
col. 1419, Written Answer, 2 May 2006, UKMIL, 77 BYIL, 2006, p. 756. Note, however,
the comment by Lord Rodger that ‘there can be no objection in principle to Parliament
legislating for British citizens outside the United Kingdom, provided that the particular
legislation does not offend against the sovereignty of other states’,
Al-Skeini
v.
Secretary of
State for Defence
[2007] UKHL 26, para. 46; 133 ILR, p. 716.
73
See e.g. the Official Secrets Acts 1911 (s. 10), 1970 (s. 8) and 1989 (s. 15); the Offences
Against the Person Act 1861 ss. 9 and 57; the Merchant Shipping Act 1894 s. 686(1) and
R
v.
Kelly
[1982] AC 665; 77 ILR, p. 284 and the Suppression of Terrorism Act 1978 s. 4. See
P. Arnell, ‘The Case for Nationality-Based Jurisdiction’, 50 ICLQ, 2001, p. 955. This has now
been extended to cover various sexual offences committed abroad: see the Sexual Offences
(Conspiracy and Incitement) Act 1996; the Sex Offenders Act 1997 and the Sexual Offences
Act 2003 s. 72, and certain offences of bribery and corruption committed overseas by UK
companies or nationals: see the Anti-Terrorism Crime and Security Act 2001, Part 12. Note
that in
Do'stlaringiz bilan baham: