who would do the trial of a crime if it was commited on a unclamed island?

Question

if someone murderd someone on a previously uncharted and unclaimed island, than would they get away with it? who would do the trial. if there is no law on the island, how could it be broken?

Answer 1

Extraterritorial crimes are prosecuted by the government of either the victim or the defendant.

Barry... actually, there are unclaimed islands. Various volcanic archipelagos kick up new islands all the time. Also, by international treaty, much of Antarctica is extraterritorial.

Maritime law is easy on this question. A crime committed on a ship or aircraft in International waters or International airspace is prosecuted by the flag State of the ship or aircraft.

Richard

Answer 2

While there are no known islands which do not labor under some soverign state's claims there are large parts of the continent of Antarctica that are free of such claims. The entire continent is administered under a multi-national Antarctic Treaty, which expressly makes no judgment as to the legal validity of national territorial claims. There is an "Antarctic Secretariat," (located in Buenos Aires) created under the treaty that actually administers the provisons of the Treaty. The treaty provides that "jurisdiction" over scientists & other personnell of a contracting state is with the contracting state. Because of the severe environmental restrictions and obligations of contracting states, it appears unlikely that even private persons can visit without some governmental license or permission -- thereby subjecting thmselves to "jurisdiction."

Answer 3

there re no unclaimed islands on earth.

in the past there were, and if there was no sovereign law, then there was nothing defined as murder was there?

btw, the whole idea of pirates was to commit crimes "on the open waters beyond sovereign jurisdiction".

I bet if you re-ask your question as involving real maritime law instead of on a hypothetical island, you will get far more interesting, and real answers :)

Answer 4

There are no crimes on unclaimed islands since there are no laws to break and it would have to be in international waters or it wouldn't be unclaimed.