Aut Dedere Aut Judicare

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

Author : Claire Mitchell
Publisher : Graduate Institute Publications
ISBN 13 : 2940415048
Total Pages : 157 pages
Book Rating : 4.9/5 (44 download)

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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 Duty to Extradite or Prosecute in International Law

Author : M. Cherif Bassiouni
Publisher : BRILL
ISBN 13 : 9004642676
Total Pages : 354 pages
Book Rating : 4.0/5 (46 download)

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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.

The Obligation to Extradite or Prosecute

Author : Kriangsak Kittichaisaree
Publisher : Oxford University Press
ISBN 13 : 0192556274
Total Pages : 451 pages
Book Rating : 4.1/5 (925 download)

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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 2018-03-08 with total page 451 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.

Jurisdiction in International Law

Author : Cedric Ryngaert
Publisher :
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert

Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Global Prosecution of Core Crimes under International Law

Author : Christopher Soler
Publisher : Springer Nature
ISBN 13 : 9462653356
Total Pages : 704 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The Global Prosecution of Core Crimes under International Law by : Christopher Soler

Download or read book The Global Prosecution of Core Crimes under International Law written by Christopher Soler and published by Springer Nature. This book was released on 2019-09-18 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Immunity of Heads of State and State Officials for International Crimes

Author : Ramona Pedretti
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004287779
Total Pages : 508 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Immunity of Heads of State and State Officials for International Crimes by : Ramona Pedretti

Download or read book Immunity of Heads of State and State Officials for International Crimes written by Ramona Pedretti and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Bringing International Fugitives to Justice

Author : David A. Sadoff
Publisher : Cambridge University Press
ISBN 13 : 1107129281
Total Pages : 725 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Bringing International Fugitives to Justice by : David A. Sadoff

Download or read book Bringing International Fugitives to Justice written by David A. Sadoff and published by Cambridge University Press. This book was released on 2016-12-24 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

The Functional Beginning of Belligerent Occupation

Author : Michael Siegrist
Publisher : Graduate Institute Publications
ISBN 13 : 294041548X
Total Pages : 81 pages
Book Rating : 4.9/5 (44 download)

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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)

Exporting Legality

Author : Mariya Tait Slys
Publisher :
ISBN 13 : 2940503427
Total Pages : 125 pages
Book Rating : 4.9/5 (45 download)

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Book Synopsis Exporting Legality by : Mariya Tait Slys

Download or read book Exporting Legality written by Mariya Tait Slys and published by . This book was released on 2014-02-10 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did two radically different legal cultures, those of the Ottomans and the Chinese, gradually acquire a legal architecture analogous to that of Europe? This Paper attempts to answer this question by providing a comparative study in legal history of the rise and demise of extraterritorial consular jurisdiction, utilizing a post-colonial and inter-disciplinary approach to international law. The study reveals that the establishment of consular jurisdiction during the nineteenth century was closely linked to the process of legal ‘modernization’ that affected many Asian and Arab societies. As such, this study contributes to the explanation of the gradual convergence of many non-Western traditional legal cultures with typically continental legal structures. This ePaper provides an in-depth analysis of the origin, further development and termination of this controversial institution of public international law as applied to the Ottoman Empire and China. Mariano Garcia Rubio Prize 2013 in International Law.

The United Nations Convention Against Torture and Its Optional Protocol

Author : Manfred Nowak
Publisher : Oxford University Press
ISBN 13 : 0198846177
Total Pages : 1361 pages
Book Rating : 4.1/5 (988 download)

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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."

State Sovereignty and International Criminal Law

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 829308135X
Total Pages : 300 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis State Sovereignty and International Criminal Law by : Morten Bergsmo

Download or read book State Sovereignty and International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-11-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Transitional Justice and a State’s Response to Mass Atrocity

Author : Jacopo Roberti di Sarsina
Publisher : Springer
ISBN 13 : 9462652767
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Transitional Justice and a State’s Response to Mass Atrocity by : Jacopo Roberti di Sarsina

Download or read book Transitional Justice and a State’s Response to Mass Atrocity written by Jacopo Roberti di Sarsina and published by Springer. This book was released on 2019-03-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

Genocide in International Law

Author : William Schabas
Publisher : Cambridge University Press
ISBN 13 : 0521883970
Total Pages : 760 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Genocide in International Law by : William Schabas

Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.

Universal Jurisdiction

Author : Luc Reydams
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199274260
Total Pages : 258 pages
Book Rating : 4.2/5 (742 download)

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Book Synopsis Universal Jurisdiction by : Luc Reydams

Download or read book Universal Jurisdiction written by Luc Reydams and published by Oxford University Press on Demand. This book was released on 2004 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: '... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law.' -The American Journal of International LawThis study is about the ambit of national criminal law. Can a country prosecute and punish a foreigner for a crime committed abroad against another foreigner? Reydams first identifies the international legal issues which arise when a State exercises extraterritorial jurisdiction generally. He then brings together detailed accounts of universal jurisdiction in fourteen countries: Australia; Austria; Belgium; Canada; Denmark; France; Germany; Israel; the Netherlands; Senegal; Spain; Switzerland; the United Kingdom; and the United States.Readership: Academics, students and practitioners in the field of criminal law, international law, comparative law, human rights law, and international relations. Government lawyers entrusted with the task of reviewing existing legislation, drafting new legislation, adopting treaties, dealing with requests for co-operation in criminal matters, and making extradition arrangements.

Putting the Ontological Back into Ontological Security

Author : Meredydd Rix
Publisher : Graduate Institute Publications
ISBN 13 : 2940600244
Total Pages : 84 pages
Book Rating : 4.9/5 (46 download)

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Book Synopsis Putting the Ontological Back into Ontological Security by : Meredydd Rix

Download or read book Putting the Ontological Back into Ontological Security written by Meredydd Rix and published by Graduate Institute Publications. This book was released on 2021-03-22 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study sets out to do two things. Firstly, it seeks to contribute to the burgeoning literature on ontological security in International Relations (IR)... Secondly, I hope to say something about Indian nationalism by making the case for Bangladesh’s importance in the project of nation-curation. I show how the uncodability of the Bangladeshi migrant and the Indian citizen presents an ontological threat to the Indian nation, portending an implosion of selfhood by undermining claims to an ontic reality for something called the Indian nation...

The Work of the International Law Commission

Author : Vereinte Nationen International Law Commission
Publisher :
ISBN 13 : 9789211337631
Total Pages : 428 pages
Book Rating : 4.3/5 (376 download)

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Book Synopsis The Work of the International Law Commission by : Vereinte Nationen International Law Commission

Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to International Criminal Law

Author : M. Cherif Bassiouni
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186441
Total Pages : 1259 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Introduction to International Criminal Law by : M. Cherif Bassiouni

Download or read book Introduction to International Criminal Law written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 1259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.