The contribution analyses whether, pursuant to the United Nations Convention on the Law of the Sea, domestic courts have jurisdiction over a foreign national for the smuggling of migrants that was initiated on the high seas and that continued in the domestic territory through the action of rescuers and whether, pursuant to the United Nations Convention against Transnational Organized Crime, domestic courts have jurisdiction over a foreign national who participated in a transnational organized criminal group engaged in the smuggling of migrants to the domestic state from other states.
Criminal proceedings against Haji Hassan, Public prosecutor of Catania v Haji Hassan, Final appeal judgment, No 14510/2014, ILDC 2876 (IT 2014), 27th March 2014, Italy; Supreme Court of Cassation; 1st Criminal Section
niccolò zugliani
2018
Abstract
The contribution analyses whether, pursuant to the United Nations Convention on the Law of the Sea, domestic courts have jurisdiction over a foreign national for the smuggling of migrants that was initiated on the high seas and that continued in the domestic territory through the action of rescuers and whether, pursuant to the United Nations Convention against Transnational Organized Crime, domestic courts have jurisdiction over a foreign national who participated in a transnational organized criminal group engaged in the smuggling of migrants to the domestic state from other states.
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