218. Passive nationality or passive personality principle.

218.     Passive nationality or passive personality principle.

It is sometimes contended that a state has jurisdiction to make extra-territorial conduct of aliens an offence where the victim of the offence was a national of the legislating state under the passive personality principle1. This principle has not secured general acceptance2, but it is gaining ground as a basis for the exercise of jurisdiction, particularly where the victims are targeted because of their nationality3.