Havets rättvisa - Straffrättslig jurisdiktion på internationellt vatten

Sammanfattning: A legal analysis method has been used to study if a Swedish citizen, in theory, can avoid judgement by committing a murder aboard an unregistered vessel that is sailing on international waters. The studied material includes maritime and criminal law literature, treaties and codifications, and cases regarding jurisdiction over vessels. A state needs a jurisdictional nexus to either the crime subject or the crime object to establish jurisdiction over a crime. Such a jurisdictional nexus can be based upon where the crime was committed, the nationality of the perpetrator, the nationality of the victim or the nature of the offence. A vessel sailing on international water should be registered by a national maritime authority. Any state is free to apply its jurisdiction over an unregistered vessel, without any objections from another state, if a jurisdictional nexus can be established. Sweden will not claim jurisdiction via the territorial or flag state principle since the crime was committed on an unregistered vessel on international waters. Jurisdiction can be established due to the nationality principle since the perpetrator is a Swedish citizen. Another state might have jurisdiction over the crime as well depending on the nationality of the victim. A Swedish perpetrator can therefore not avoid prosecution by committing it on an unregistered vessel on international waters.