Aut Dedere Aut Judicare The Duty To Extradite Or Prosecute In International Law

Author : M. Cherif Bassiouni,Edward Martin Wise
Publisher : Martinus Nijhoff Publishers
Page : 358 pages
File Size : 43,7 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 : 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 : Claire Mitchell
Publisher :
Page : 157 pages
File Size : 48,8 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 : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 46,8 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 : Miguel João Costa
Publisher : Unknown
Page : 0 pages
File Size : 43,7 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 : Terje Einarsen
Publisher : Torkel Opsahl Academic EPublisher
Page : 361 pages
File Size : 50,5 Mb
Release : 2012-08-15
Category : Law
ISBN : 9788293081333

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The Concept of Universal Crimes in International Law by Terje Einarsen Pdf

This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 48,5 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Author : Manfred Nowak,Moritz Birk,Giuliana Monina
Publisher : Oxford University Press
Page : 1361 pages
File Size : 53,9 Mb
Release : 2019
Category : Law
ISBN : 9780198846178

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The United Nations Convention Against Torture and Its Optional Protocol by Manfred Nowak,Moritz Birk,Giuliana Monina Pdf

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

Author : H. Danelius,Herman Burgers
Publisher : BRILL
Page : 283 pages
File Size : 44,8 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478305

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The United Nations Convention Against Torture by H. Danelius,Herman Burgers Pdf

Author : Gerhard Werle,Florian Jessberger
Publisher : Oxford University Press
Page : 711 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 9780198703594

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Principles of International Criminal Law by Gerhard Werle,Florian Jessberger Pdf

Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.

Author : Niels M. Blokker,Daniëlla Dam-de Jong,Vid Prislan
Publisher : BRILL
Page : 494 pages
File Size : 43,9 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004459892

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Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development by Niels M. Blokker,Daniëlla Dam-de Jong,Vid Prislan Pdf

This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Author : Ramona Pedretti
Publisher : Martinus Nijhoff Publishers
Page : 508 pages
File Size : 50,9 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 : Wolfgang Schomburg
Publisher : Unknown
Page : 2449 pages
File Size : 41,5 Mb
Release : 2006
Category : Criminal jurisdiction
ISBN : 3406525725

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International cooperation in criminal matters by Wolfgang Schomburg Pdf

Author : Michael N. Schmitt
Publisher : Cambridge University Press
Page : 641 pages
File Size : 40,6 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107177222

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Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by Michael N. Schmitt Pdf

The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.

Author : Council of Europe
Publisher : Council of Europe
Page : 168 pages
File Size : 42,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287160768

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Extradition by Council of Europe Pdf

The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.