Overarching questions to different types of extraterritorial jurisdiction
- The suspect’s presence on the soil of the prosecuting State : in most cases, in order to prosecute for acts carried out in a third State, the suspect must be present on the soil of the prosecuting State. The question remains how this condition should be interpreted with regard to a corporation.
- The modes of lodging the complaint : These also deserve special attention because the prosecution is often unprepared to prosecute human rights violations committed abroad.
- The issue of criminal “forum non conveniens”.