Exploring the boundaries of international law
Exploring the boundaries of international law

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Exploring the boundaries of international law

4.3.4 Protective principle

  • States may assert that they have authority over matters that constitute a threat to state security and from which the state needs to protect itself.

Example of the protective principle

The protective principle was argued in DPP v Joyce [1946] AC 347 – that the actions of William Joyce (Lord Haw-Haw), a British national, in broadcasting Nazi propaganda from Germany were harmful to the interests of the UK.States have developed the protective principle to claim jurisdiction over those who are not nationals but whose actions have an adverse effect on the state irrespective of where those actions have been committed. It has been applied in cases such as espionage, counterfeiting of currency and drug trafficking.

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