3(2); Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, supra note 12, Art. not marry again, that party, as well as the other, is still absolutely freed They

Arguably, In re Mittermaier, Foro It. public security and safety shall be obligatory upon all who live and sojourn

A/18, supra, at 265, but the uniqueness of each case makes the weighing of relevant factors a delicate exercise for which no clear-cut rules are available. A/CONF. Ct. Budapest 1925). one's own will. be said to be applicable, which provides that: [p]enal laws and those of family rights and duties which provides that laws relating to family rights No. Nonetheless, it must be noted that in the new state of nationality the act in question may conceivably have not been criminalized yet at the time of its commission, or was illegal there but not in the state of origin. See, e.g., Nemazee v. Iran, 25 Iran-U.S. CI. 82 This problem is well illustrated by the case of Léon Mugesera, a Rwandan national who was granted asylum in Canada. Cf. Id., Art. See, e.g., Brownlie, supra note 15, at 306; Van Panhuys, supra note 15, at 127. The UN Model Treaty on Extradition, Dec. 14, 1991, 30 ILM 1407 (1991), does not define the material moment. By analogy, the same principle applies to 311, 360–61 (Sorensen, Max ed., 1968). 1. Milan, Sahović & William, W. Bishop, The Authority of the State: Its Range with Respect to Persons and Places, in Often confused with citizenship, nationality, is a different concept. Ct. 1962) (Chile); Re Colafic, J.C.P.

Manley, O. Hudson, Nationality, Including Statelessness, [1952] 2Y.B.
505, 531–32 (Eser, Albin & Lagodny, Otto eds., 1991); Williams, supra note 18, at 340-41. While this quotation may imply otherwise, the commentary makes it clear that the provision refers to offenses in general, not only those committed against the state. 16. View all Google Scholar citations No. 12(2) (emphasis added); see also id., Art. Email your librarian or administrator to recommend adding this journal to your organisation's collection. Nationality : in principle only relevant to indicate bond between individual and a State • No 'nationality' of a sub-state entity, or supra-state entity • Nuances: – EU → EU citizenship – Switzerland: Swiss citizen is also is … Ct. 1950), translated in 17 ILR 137 (the latter decision not explicitly dealing with jurisdiction based on nationality at the time of prosecution but with the acquisition of nationality subsequent to the commission of the crime). 19. 8 Nottebohm Case (Liech. foreigners such that they are governed by their national law with respect to The historical rules of venue existed because ‘Jurors originally combined the functions of “know-ers” of facts and the prisoner was entitled to have his guilt determined by jurors drawn from an area where the inhabitants would be most likely to know the facts alleged to constitute the crime with which he was charged.’ R v Treacy [1971] AC 537 at 559 per Lord Diplock. William, A. Schabas, Case Report: Mugesera v. Minister of Citizenship and Immigration, in 93 AJIL 529, Here the author argues in favour of the United States adopting nationality jurisdiction to fill the jurisdictional gap where foreign States do not prosecute an American for a crime committed within its territory and the United States cannot for lack of jurisdiction. 73 One of the most recent studies covering stateless persons proposes a similar solution in the context of diplomatic protection for dealing with the relationship between stateless persons and the state in which they habitually reside. Crim. In fact, the mere existence of Paragraph 2 of Article 26 of the Family Code is . In support of this view, he referred to the fact that states do not always give precedence to the request by the state of nationality in case of competing requests for the extradition of a person with only one nationality. Article 58 spells out the procedures for issuing an arrest warrant or summons to appear before the court. 17. 94 Refugee Convention, supra note 16, Art. However, the aim of the drafters and states parties to the statute was to prosecute war criminals on the basis of the active personality or the territorial principle in the absence of a Security Council referral. 35 In the reviewed treason cases involving non-nationals, the accused persons claimed in defense that only nationals could be charged with this crime. 166, 37 ILM 44 (1998); Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, Apr. 501, 502 (1997). 19 Harvard Draft Convention on Jurisdiction with Respect to Crime, with Comment, Art. 6 TS No. Probs. every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. 49 Para. 15(a) (Isr. relation of husband and wife, and to free them both from the bond. The principle has been claimed to have entered customary international law. However, as an act can be treasonable only if committed by a national or else by a person who owes allegiance to the state, nationality and allegiance are central issues in these cases, see, e.g., Joyce v. Director of Public Prosecutions, 1946 A.C. 347; Rex v. Neumann, 1946 A11SA 1238 (Transvaal Spec.


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