ABSTRACT

The mainstream meaning of jurisdiction is the entitlement of a State to assert State authority in relation to persons and things. State jurisdiction includes powers to legislate in respect of the persons, property, or events, the powers of a State’s courts to hear cases concerning the persons, property or events in question, or the powers of physical interference exercised by the executive, such as the arrest of persons, or seizure of property. The State-sponsored abduction of individuals violates two sets of international norms: the international law of sovereignty and international human rights. The jurisdiction of municipal courts is asserted through municipal law, and international law confines itself to placing a few limitations on the discretion of States. International law determines the ultimate legality, and permissible scope of the assertion of State jurisdiction. It is comparatively rare for international law to require a municipal court to hear a case or prohibit it from doing so.