Edited by Monica den Boer
Chapter 13: A legal perspective on extraterritorial policin
The phenomenon of extraterritorial policing captures various opinions including discussions of enforcement practices of extraterritorial policing contemplating extraterritorial laws in place, if and how they function. There are concerns as to the legitimacy of such policing practices and powers, especially whether their inclusion in national laws is desirable contrasted by the need to end immunity of crimes that often breed on being cross-jurisdictional. In exploring the conundrums pertaining to extraterritoriality, the chapter investigates the legal foundations which justify extraterritorial policing from a comparative international perspective allowing for an in depth view of the laws that give power to police forces across their domestic jurisdictions and territories. In doing so, the author takes into account cross-jurisdictional courts and cases. She also identifies gaps in extraterritorial policing and the laws that govern it, its potential, for good and possible harm, as well as suggestions for reform, ensuring that enforcement beyond one’s national borders, even in the name of eliminating immunity, is within its legal parameters and subjected to the Rule of Law
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