New foundations for States extraterritorial jurisdiction over transnational criminal conducts

This chapter focuses on the challenges posed by transnational organized crime to international criminal law principles concerning the exercise of extraterritorial State jurisdiction. Through an analysis of state practice, the chapter demonstrates how national legislators and courts worldwide are leaning towards a redefinition of grounds of extraterritorial criminal jurisdiction such as the protective principle and the principle of universality with respect to the repression of transnational organized crime. In particular, it shows that States' exercise of criminal jurisdiction over offences unrelated with their territory or citizens is ultimately justified by the pursuit of a shared interest of the international community to counter impunity for such offences (rather than motivated by a mutual protection of municipal interests). The chapter explores this phenomenon, highlighting its implications for the current understanding of the scope and rationale of extraterritorial criminal jurisdiction in general and universal criminal jurisdiction in particular.