In our global village, another frequent challenge in applying the nationality
principle before domestic courts and the ICC is likely to concern the definition
of nationality or the identification of the relevant link of nationality to be
applied for the purposes of determining the applicability of the principle.
Chapter 2 has identified four types of problematic cases, namely the attempted
exercise of jurisdiction based on active personality over multiple nationals
(possessing among others the nationality of the forum wishing to prosecute),
persons who changed nationality around the time of the commission of the
crime or around that of prosecution (thereby acquiring or losing the nationality
of the forum wishing to prosecute), stateless persons and refugees. Based
on extensive research from available sources, and having reached the conclusion
that international law is at best indeterminate on these issues, the following
rules have been proposed:
In our global village, another frequent challenge in applying the nationality
principle before domestic courts and the ICC is likely to concern the definition
of nationality or the identification of the relevant link of nationality to be
applied for the purposes of determining the applicability of the principle.
Chapter 2 has identified four types of problematic cases, namely the attempted
exercise of jurisdiction based on active personality over multiple nationals
(possessing among others the nationality of the forum wishing to prosecute),
persons who changed nationality around the time of the commission of the
crime or around that of prosecution (thereby acquiring or losing the nationality
of the forum wishing to prosecute), stateless persons and refugees. Based
on extensive research from available sources, and having reached the conclusion
that international law is at best indeterminate on these issues, the following
rules have been proposed:
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