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
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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
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Author : M. Cherif Bassiouni
language : en
Publisher: BRILL
Release Date : 2023-10-20

Aut Dedere Aut Judicare The Duty To Extradite Or Prosecute In International Law written by M. Cherif Bassiouni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-20 with Law categories.


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.



Aut Dedere Aut Judicare The Extradite Or Prosecute Clause In International Law


Aut Dedere Aut Judicare The Extradite Or Prosecute Clause In International Law
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Author : Claire Mitchell
language : en
Publisher:
Release Date : 2011-03-31

Aut Dedere Aut Judicare The Extradite Or Prosecute Clause In International Law written by Claire Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-31 with Law categories.


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.



The Obligation To Extradite Or Prosecute


The Obligation To Extradite Or Prosecute
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Oxford University Press
Release Date : 2018

The Obligation To Extradite Or Prosecute written by Kriangsak Kittichaisaree and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.


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.



The Global Prosecution Of Core Crimes Under International Law


The Global Prosecution Of Core Crimes Under International Law
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Author : Christopher Soler
language : en
Publisher: Springer Nature
Release Date : 2019-09-18

The Global Prosecution Of Core Crimes Under International Law written by Christopher Soler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-18 with Law categories.


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.



Extradition Law


Extradition Law
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Author : Miguel João Costa
language : en
Publisher:
Release Date : 2020

Extradition Law written by Miguel João Costa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Extradition categories.


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.



Encyclopedia Of Global Justice


Encyclopedia Of Global Justice
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Author : Deen K. Chatterjee
language : en
Publisher: Springer Science & Business Media
Release Date : 2011

Encyclopedia Of Global Justice written by Deen K. Chatterjee and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic books categories.


This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.



The United Nations Convention Against Torture And Its Optional Protocol


The United Nations Convention Against Torture And Its Optional Protocol
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Author : Manfred Nowak
language : en
Publisher: Oxford University Press
Release Date : 2019

The United Nations Convention Against Torture And Its Optional Protocol written by Manfred Nowak and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


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



The United Nations Convention Against Torture


The United Nations Convention Against Torture
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Author : H. Danelius
language : en
Publisher: BRILL
Release Date : 2021-09-27

The United Nations Convention Against Torture written by H. Danelius and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.




Furthering The Frontiers Of International Law Sovereignty Human Rights Sustainable Development


Furthering The Frontiers Of International Law Sovereignty Human Rights Sustainable Development
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Author : Niels M. Blokker
language : en
Publisher: BRILL
Release Date : 2021-07-19

Furthering The Frontiers Of International Law Sovereignty Human Rights Sustainable Development written by Niels M. Blokker and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.


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.



Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations


Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations
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Author : Michael N. Schmitt
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02

Tallinn Manual 2 0 On The International Law Applicable To Cyber Operations written by Michael N. Schmitt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-02 with Law categories.


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