Criminal jurisdiction is determined by national constitutions, type of crime, and geographic location. Local courts typically hear cases, but federal courts handle national offenses. The International Criminal Court has jurisdiction over serious international crimes, but only intervenes if domestic prosecution is not genuine.
Criminal jurisdiction refers to the authority of a court to hear and determine a case in which a crime has been committed. Criminal jurisdiction is determined in multiple ways. The central government of a nation, the national court of a country, the type of crime and the geographical location play the most important role in determining the criminal jurisdiction.
Central governments of countries determine criminal jurisdiction for court cases based on their constitutions. In some countries, criminal cases will be heard and decided in a national court, while in most countries, criminal cases will be heard in the local courts of states, provinces, and counties. For example, in the United States, the Constitution specifically grants criminal jurisdiction to state and local courts.
The type of prosecution committed has a large influence on which court will have jurisdiction. Criminal acts that directly threaten a national government are often tried in a national or higher court. In the United States, the Constitution grants authority to federal courts for specific offenses that are national matters. For example, federal courts are responsible for hearing and deciding criminal cases relating to counterfeiting, treason, and criminal activities on the high seas, such as piracy.
Geographic location plays a role in determining jurisdiction when a criminal arrest is made. The criminal case will be tried in the court where a criminal is arrested. In the case of concurrent jurisdiction, which is when two or more courts have jurisdiction, the parties involved typically seek to have their case heard by the court that will be most advantageous to them.
In addition to national and local courts having criminal jurisdiction, the International Criminal Court (ICC) has criminal jurisdiction worldwide. Located in The Hague, the Netherlands, the International Criminal Court is governed by the Rome Statute, which is the treaty that established the court. The ICC has jurisdiction over the most serious crimes affecting the international community, such as genocide and other crimes against humanity.
The International Criminal Court is considered the last resort for the prosecution of serious crimes of concern to the international community. The ICC will not intervene in a situation where a case has been investigated and heard by a domestic court, unless there is a suspicion that the domestic prosecution is not genuine. Heads of state, such as Saddam Hussein from Iraq and Hassan Ahmad Al-Bashir from Sudan, have been tried by the ICC for genocide and crimes against humanity.
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