Habitual residenceIn conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or entitlement. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing. Habitual residence is less demanding than domicile and the focus is more on past experience rather than future intention. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places.
Hostis humani generisHostis humani generis (Latin for 'an enemy of mankind') is a legal term of art that originates in admiralty law. Before the adoption of public international law, pirates and slavers were already held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked. A comparison can be made between this concept and the common law "writ of outlawry", which declared a person outside the king's law, a literal out-law, subject to violence and execution by anyone.
Universal jurisdictionUniversal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.
BelligerentA belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin bellum gerere ("to wage war"). Unlike the use of belligerent as an adjective meaning "aggressive", its use as a noun does not necessarily imply that a belligerent country is an aggressor. In times of war, belligerent countries can be contrasted with neutral countries and non-belligerents.
Lotus caseThe Lotus case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. Lotus, a French steamer, and the S.S. Bozkourt, a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the Bozkourt drowned when the vessel was torn apart by the Lotus. On 7 September 1927, the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations.
Jus ad bellumJus ad bellum (ju:s or dʒʌs) refers to "the conditions under which States may resort to war or to the use of armed force in general." This is distinct from the set of rules that ought to be followed during a war, known as jus in bello, which govern the behavior of parties in an armed conflict.
Prize (law)In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships.
Crimes against humanityCrimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a de facto authority, usually by or on behalf of a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of wars, and they apply to widespread practices rather than acts which are committed by individuals. Although crimes against humanity apply to acts which are committed by or on behalf of authorities, they do not need to be part of an official policy, and they only need to be tolerated by authorities.
Crime of aggressionA crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports.
Right to a fair trialA fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world.
