Universal Jurisdiction Over Drug Offences Case

Abstract

International law in genera — Relation to municipal law — Conflict between provisions of municipal law and customary international law — Precedence given to rules of international law by Article 25 of Federal Basic La — Whether conflicting rules of municipal law therefore unconstitutional — The law of the Federal Republic of Germany

Jurisdiction — In general — Territorial — Jurisdiction over foreigners — Criminal jurisdiction — In respect of drug offences committed abroad by foreigners — Single Convention on Narcotic Drugs, 1961, Article 36 — Principle of universality of law — Whether application contrary to international law in the absence of specific treaty provision — Whether contrary to principle of non-intervention — Requirement of genuine connecting factor — Whether defined by international law — Conflict between provisions of municipal law and customary international law — Precedence given to rules of international law by Article 25 of Federal Basic Law 1949 — Whether conflicting rules of municipal law therefore unconstitutional — The law of the Federal Republic of Germany