Aut Dedere Aut Judicare

Author : Claire Mitchell
Publisher : Graduate Institute Publications
Page : 157 pages
File Size : 49,5 Mb
Release : 2011-03-31
Category : Law
ISBN : 9782940415045

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

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.

Author : M. Cherif Bassiouni,Edward M. Wise
Publisher : BRILL
Page : 354 pages
File Size : 44,5 Mb
Release : 2023-10-20
Category : Law
ISBN : 9789004642676

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Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law by M. Cherif Bassiouni,Edward M. Wise Pdf

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.

Author : Kriangsak Kittichaisaree
Publisher : Oxford University Press
Page : 401 pages
File Size : 41,8 Mb
Release : 2018
Category : Law
ISBN : 9780198823292

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The Obligation to Extradite Or Prosecute by Kriangsak Kittichaisaree Pdf

It was hoped that the creation of the International Criminal Court would enable the extradition and prosecution of crimes which shock the world. Fifteen years later, Kittichaisaree scrutinises the achievements and limitations of the court so far, offering his own vision for ensuring that no international criminal escapes the eye of justice.

Author : M. Cherif Bassiouni,Edward Martin Wise
Publisher : Martinus Nijhoff Publishers
Page : 358 pages
File Size : 54,7 Mb
Release : 1995-01-19
Category : Law
ISBN : 0792333497

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Aut Dedere Aut Judicare by M. Cherif Bassiouni,Edward Martin Wise Pdf

Ali izročitev ali kazenski pregon (aut dedere aut judicare) - gre za obveznost, ki se pojavlja v raznih oblikah v mnogih multilateralnih konvencijah in drugih mednarodnih instrumentih, ki obravnavajo načine zatiranja posameznih mednarodnih kaznivih dejanj. Avtorja v podrobnostih obravnavata in ocenjujeta predpise mednarodnih instrumentov v povezavi z raznimi kaznivimi dejanji (npr. vojna hudodelstva, zločini proti človeštvu, prepoved mučenja, genocida, agresije, ugrabitve letal, k. d. v zvezi z varovanjem okolja, državnega in arheološkega bogastva, glede mednarodno varovanih oseb, korupcije v mednarodnih trgovinskih transakcijah, mednarodne trgovine z obscenimi publikacijami, rasne diskriminacije in apartheida, suženjstva, nezakonite uporabe orožja itd.).

Author : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 53,5 Mb
Release : 2019-09-18
Category : Law
ISBN : 9789462653351

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The Global Prosecution of Core Crimes under International Law by Christopher Soler Pdf

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.

Author : Claire Mitchell
Publisher :
Page : 157 pages
File Size : 46,9 Mb
Release : 2011-03-31
Category : Law
ISBN : 9782940415700

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

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.

Author : Miguel João Costa
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2020
Category : Extradition
ISBN : 9004411194

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Extradition Law by Miguel João Costa Pdf

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.

Author : Ramona Pedretti
Publisher : Martinus Nijhoff Publishers
Page : 508 pages
File Size : 52,5 Mb
Release : 2015-01-08
Category : Law
ISBN : 9789004287778

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Immunity of Heads of State and State Officials for International Crimes by Ramona Pedretti Pdf

Ramona Pedretti offers, for the first time, a comprehensive assessment of the rules of customary international law relating to immunity of Heads of State and other State officials in the context of crimes pursuant to international law and their relationship with core principles of international law. The book gives the reader a full picture of this topical issue which is located at the heart of today's development of international law. It contains an in-depth evaluation of a vast amount of relevant material, ranging from domestic laws to judicial decisions of domestic and international courts. The fact that the International Law Commission is deliberating the issue with a view to drafting an international treaty underscores the book's importance and timeliness.

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 40,6 Mb
Release : 2015
Category : Law
ISBN : 9780199688517

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Jurisdiction in International Law by Cedric Ryngaert Pdf

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Author : Pavel Šturma
Publisher : BRILL
Page : 266 pages
File Size : 50,7 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004387553

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The Rome Statute of the ICC at Its Twentieth Anniversary by Pavel Šturma Pdf

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.

Author : David A. Sadoff
Publisher : Cambridge University Press
Page : 725 pages
File Size : 53,6 Mb
Release : 2016-12-24
Category : Law
ISBN : 9781107129283

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Bringing International Fugitives to Justice by David A. Sadoff Pdf

A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 52,6 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979

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Genocide in International Law by William Schabas Pdf

Previous edition, 1st, published in 2000.

Author : Julie Fraser,Brianne McGonigle Leyh
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 43,7 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781839107306

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Intersections of Law and Culture at the International Criminal Court by Julie Fraser,Brianne McGonigle Leyh Pdf

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.

Author : Michael Siegrist
Publisher : Graduate Institute Publications
Page : 81 pages
File Size : 43,7 Mb
Release : 2011-04-15
Category : History
ISBN : 9782940415489

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The Functional Beginning of Belligerent Occupation by Michael Siegrist Pdf

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)

Author : Cherif Bassiouni
Publisher : Unknown
Page : 0 pages
File Size : 50,7 Mb
Release : 2007
Category : Electronic
ISBN : 0379215500

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International Extradition by Cherif Bassiouni Pdf