Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

Author: Claire Mitchell

Publisher: Graduate Institute Publications

Published: 2011-03-31

Total Pages: 157

ISBN-13: 2940415048

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The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.


Book Synopsis Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law by : Claire Mitchell

Download or read book Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law written by Claire Mitchell and published by Graduate Institute Publications. This book was released on 2011-03-31 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

Author: Claire Mitchell

Publisher:

Published: 2011-03-31

Total Pages: 157

ISBN-13: 2940415706

DOWNLOAD EBOOK

The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.


Book Synopsis Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law by : Claire Mitchell

Download or read book Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law written by Claire Mitchell and published by . This book was released on 2011-03-31 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.

Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law

Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law

Author: M. Cherif Bassiouni

Publisher: BRILL

Published: 2023-10-20

Total Pages: 354

ISBN-13: 9004642676

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The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare. The two authors who address these difficult questions have contributed to the advancement of international law in general, and international criminal law in particular. They have produced a book which is a balanced blend of scholarly research and legal analysis.


Book Synopsis Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law by : M. Cherif Bassiouni

Download or read book Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law written by M. Cherif Bassiouni and published by BRILL. This book was released on 2023-10-20 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare. The two authors who address these difficult questions have contributed to the advancement of international law in general, and international criminal law in particular. They have produced a book which is a balanced blend of scholarly research and legal analysis.

Extradition Law

Extradition Law

Author: Miguel João Costa

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004411197

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This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States' criminal justice idiosyncrasies.


Book Synopsis Extradition Law by : Miguel João Costa

Download or read book Extradition Law written by Miguel João Costa and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States' criminal justice idiosyncrasies.

The Rome Statute of the ICC at Its Twentieth Anniversary

The Rome Statute of the ICC at Its Twentieth Anniversary

Author: Pavel Šturma

Publisher: BRILL

Published: 2019-01-03

Total Pages: 266

ISBN-13: 9004387552

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This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.


Book Synopsis The Rome Statute of the ICC at Its Twentieth Anniversary by : Pavel Šturma

Download or read book The Rome Statute of the ICC at Its Twentieth Anniversary written by Pavel Šturma and published by BRILL. This book was released on 2019-01-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the most up to date topics of international criminal law and discusses possible future developments of the Rome Statute and the International Criminal Court.

The Functional Beginning of Belligerent Occupation

The Functional Beginning of Belligerent Occupation

Author: Michael Siegrist

Publisher: Graduate Institute Publications

Published: 2011-04-15

Total Pages: 81

ISBN-13: 294041548X

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Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)


Book Synopsis The Functional Beginning of Belligerent Occupation by : Michael Siegrist

Download or read book The Functional Beginning of Belligerent Occupation written by Michael Siegrist and published by Graduate Institute Publications. This book was released on 2011-04-15 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the “functional beginning” of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)

The Obligation to Extradite or Prosecute

The Obligation to Extradite or Prosecute

Author: Kriangsak Kittichaisaree

Publisher: Oxford University Press

Published: 2018-03-02

Total Pages: 416

ISBN-13: 0192556266

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Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.


Book Synopsis The Obligation to Extradite or Prosecute by : Kriangsak Kittichaisaree

Download or read book The Obligation to Extradite or Prosecute written by Kriangsak Kittichaisaree and published by Oxford University Press. This book was released on 2018-03-02 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014. Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.

The United Nations Convention Against Torture and Its Optional Protocol

The United Nations Convention Against Torture and Its Optional Protocol

Author: Manfred Nowak

Publisher: Oxford University Press

Published: 2019

Total Pages: 1361

ISBN-13: 0198846177

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"Published with the support of Austrian Science Fund (FWF): PUB 644-G."


Book Synopsis The United Nations Convention Against Torture and Its Optional Protocol by : Manfred Nowak

Download or read book The United Nations Convention Against Torture and Its Optional Protocol written by Manfred Nowak and published by Oxford University Press. This book was released on 2019 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published with the support of Austrian Science Fund (FWF): PUB 644-G."

Convention Européenne Pour la Répression Du Terrorisme

Convention Européenne Pour la Répression Du Terrorisme

Author:

Publisher:

Published: 1986

Total Pages: 0

ISBN-13:

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Book Synopsis Convention Européenne Pour la Répression Du Terrorisme by :

Download or read book Convention Européenne Pour la Répression Du Terrorisme written by and published by . This book was released on 1986 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International cooperation in criminal matters

International cooperation in criminal matters

Author: Wolfgang Schomburg

Publisher:

Published: 2006

Total Pages: 2449

ISBN-13: 9783406525728

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Book Synopsis International cooperation in criminal matters by : Wolfgang Schomburg

Download or read book International cooperation in criminal matters written by Wolfgang Schomburg and published by . This book was released on 2006 with total page 2449 pages. Available in PDF, EPUB and Kindle. Book excerpt: