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Aut Dedere Aut Judicare
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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.
Book Synopsis Aut Dedere Aut Judicare by : M. Cherif Bassiouni
Download or read book Aut Dedere Aut Judicare written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 1995-01-19 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.).
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.
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 695 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.
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.
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.
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)
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.
Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand
Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Book Synopsis The Obligation Aut Dedere Aut Judicare ('extradite Or Prosecute') in International Law by : Stoyan Minkov Panov
Download or read book The Obligation Aut Dedere Aut Judicare ('extradite Or Prosecute') in International Law written by Stoyan Minkov Panov and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Palermo Convention at Twenty by : Serena Forlati
Download or read book The Palermo Convention at Twenty written by Serena Forlati and published by BRILL. This book was released on 2021-02-22 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Palermo Convention at Twenty: Institutional and Substantive Challenges experts with different backgrounds discuss the institutional features of the United Nations Convention against Transnational Organized Crime and its Supplementing Protocols, the developments of the treaty system and its suitability to address the multifarious forms of contemporary transnational organized crime.
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.
Book Synopsis Genocide in International Law by : William A. Schabas
Download or read book Genocide in International Law written by William A. 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: The 1948 Genocide Convention has become a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and prevent the 'crime of crimes', have now been interpreted in important judgments by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda and various domestic courts. The second edition of this definitive work focuses on the judicial interpretation of the Convention, relying on debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations and the growing body of case law. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the emerging doctrine of the 'responsibility to protect' are also explored.
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.
Book Synopsis Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development by : Niels M. Blokker
Download or read book Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development written by Niels M. Blokker and published by BRILL. This book was released on 2021-07-19 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transnational Constitutionalism by : Nicholas Tsagourias
Download or read book Transnational Constitutionalism written by Nicholas Tsagourias and published by Cambridge University Press. This book was released on 2007-07-19 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.
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.
