Scope of the jurisdiction of the Penal Code over crimes committed on ships: A comparative study between international treaties and national legislation of Islamic countries

Abstract

Abstract: The scope of the jurisdiction of the Penal Code on crimes committed on ships is an important topic in international law, as the laws and legislations governing this scope vary based on the location of the ship (territorial waters, international waters) as well as the nationality of the ship. This research deals with a comparative study between international treaties and national legislations of Islamic countries on this topic. The research aims to analyze how the Penal Code is applied to crimes committed on ships, focusing on the discrepancy between international treaties and national laws in Islamic countries. It also seeks to clarify the extent to which these legislations are compatible or inconsistent with international standards, and to identify the challenges facing Islamic countries in this context. The research relies on the comparative analytical approach, where legal texts from international treaties such as the United Nations Convention on the Law of the Sea (UNCLOS) and the Hague Convention are analyzed and compared with the national criminal laws of Islamic countries such as Egypt, Saudi Arabia, and Iran. Judicial cases and legal materials are reviewed to clarify how national laws are applied in different situations. The research finds that there is a significant discrepancy between Islamic countries regarding the application of the Penal Code to maritime crimes. While some Islamic countries follow international standards closely, others apply laws derived from Islamic law that may differ from these standards. The research points to the need to enhance the compatibility of national laws with international treaties to ensure effective law enforcement on maritime crimes.