passive personality principle

The passive personality principle in international law allows a state to claim jurisdiction over a foreign national for crimes committed abroad that harm its own citizens. This principle is applied in limited cases and differs from the protective principle, which covers acts prejudicial to a state's interests.1

States are the primary subjects of international law, possessing the broadest rights and obligations. While states have exclusive authority within their territories (territorial principle), they can also exercise jurisdiction over their nationals abroad (nationality principle). The passive personality principle offers an additional basis for jurisdiction, particularly in cases of violent crimes against a state's citizens, even if the offender is not a national and the crime occurs outside the state's borders. This principle is recognized in various international conventions addressing serious offenses like hostage-taking and torture.12