The Obligation To Extradite Or Prosecute
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The Obligation To Extradite Or Prosecute
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Author : Kriangsak Kittichaisaree
language : en
Publisher: Oxford University Press
Release Date : 2018-03-02
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 2018-03-02 with Law categories.
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.
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.
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.
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.
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.
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.
Extradition
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2006-01-01
Extradition written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
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.
Foreign Terrorist Fighters
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Author : United Nations Office on Drugs and Crime
language : en
Publisher: United Nations
Release Date : 2018-01-16
Foreign Terrorist Fighters written by United Nations Office on Drugs and Crime and has been published by United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Political Science categories.
The manual seeks to provide guidance on international legal instruments against FTF activities and techniques for digital investigation and evidence collection, especially concerning global financial transactions and social media activity. While it is tailored for judicial training institutes in South-Eastern Europe, it can be utilized in any jurisdiction seeking resources to address the FTF threat.
Complementarity In The Line Of Fire
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Author : Sarah M. H. Nouwen
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Complementarity In The Line Of Fire written by Sarah M. H. Nouwen 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 2013-11-07 with Law categories.
"This book follows as LAW"--
The International Court Of Justice
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Author : H. W. A. Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2016
The International Court Of Justice written by H. W. A. Thirlway 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 2016 with Law categories.
"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.