Sovereignty-Based Limitations on Extraterritorially Apprehending Core Criminals

This chapter deals with the sovereignty-based restrictions on extraterritorial deprivation of liberty: first, the duty to respect the territorial sovereignty of other States and, second, the prohibition of the use of force in Article 2(4) of the UN Charter. Overall, an extraterritorial deprivation of liberty prima facie violates the sovereignty of the territorial State, and, if the threshold of gravity is met, may also violate the prohibition of the use of force. Such violations can be justified with the consent of the territorial State or a Security Council resolution under Chapter VII. When international forces are not authorised to arrest individuals, a norm conflict could potentially arise between the territorial sovereignty of the host State and the duty of the international forces to bring suspects of core crimes to justice. However, such norm conflicts should be avoided through negotiations between the extraterritorial military presence and the host State. Ideally, the outcome of such negotiations should ensure both respect for the territorial sovereignty of the host State and compliance with the aut dedere aut judicare obligations identified in Chapter 3.