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Extraterritoriality


 

Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as embassies, consulates, or military bases of foreign countries. These places remain the sovereign territories of the host countries, and although they are not subject to local law, local law enforcement agencies do have the duties of protecting them from outside disturbances.

Related Topics:
Jurisdiction - Embassies - Consulate - Military base

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The three most common cases recognized today internationally relate to the persons and belongings of foreign sovereigns, the persons and belongings of ambassadors and certain other diplomatic agents, and public ships in foreign waters.

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Extraterritoriality is often extended to friendly or allied militaries, particularly for the purposes of allowing that military to simply pass through one's territory. In addition, there are a number of Christian states whose citizens, by treaty, enjoy extraterritoriality in certain non-Christian states.

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Extraterritoriality can also refer to the extension of the power of a nation's laws to its citizens abroad. For example, if a person commits homicide abroad and goes back to his country of citizenship, the latter can still try him under its own laws, although this is likely to involve transfer of evidence and other judicial information. This way Poland could bring Roman Polanski, suspected to have committed sex crimes in the U.S., to trial on its own if the U.S. does not or cannot extradite him.

Related Topics:
Evidence - Roman Polanski - Sex crimes - Extradite

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