Practice question
Does protective jurisdiction necessarily require the foreign offender to be a national of the protected State?
- Yes, because protective and active nationality are identical.
- Yes, but only if the offender is wealthy.
- Yes, because foreigners cannot threaten security.
- Yes, because jurisdiction depends only on victim citizenship.
- No; its distinguishing connection is the protected fundamental State interest.
Legal references
- Revised Penal Code, Article 2: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- UNODC, Guide for the Legislative Incorporation and Implementation of Universal Anti-Terrorism Instruments, paragraph 359: https://www.unodc.org/documents/terrorism/Publications/Guide_Legislative_Incorporation_Implementation/English.pdf
- UN Convention against Transnational Organized Crime, Articles 4 and 15: https://mandates.un.org/mandate/A/RES/55/25
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