Examination of Active Personal Jurisdiction in International Criminal Law with the Emphasis on the Criminal Law of Afghanistan: Challenges and Solutions
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Abstract
Background and Objective: This study examines active personality jurisdiction in international criminal law, with particular emphasis on the criminal law of Afghanistan, the examined challenges, and the proposed solutions. With the expansion of transnational crimes, determining the scope of states’ jurisdiction to prosecute their nationals for crimes committed outside their territorial boundaries has gained increasing importance. The objective of this research is to clarify the challenges associated with the exercise of this form of jurisdiction, propose appropriate solutions, and analyze its status within international criminal law and the criminal law of Afghanistan.
Method: This research adopts a qualitative methodology and is conducted using a descriptive–analytical approach. Data were collected through documentary and library-based research and were subsequently analyzed and comparatively examined.
Result: The findings indicate that active personality jurisdiction is recognized in international instruments and in the criminal law of Afghanistan; however, its effective implementation faces challenges such as conflicts of jurisdiction among states, weaknesses in international judicial cooperation, and related obstacles.
Conclusion: Consequently, strengthening international judicial cooperation and harmonizing domestic legislation with international standards can play a significant role in the realization of criminal justice.
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