Aut Dedere Aut Judicare: The Duty to Extradite Or Prosecute in International LawMartinus Nijhoff Publishers, 19 ian. 1995 - 340 pagini 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. |
Cuprins
The Principle in International Conventions | 7 |
The Case for Customary Status | 20 |
International Criminal Law Conventions | 21 |
The Principle Aut Dedere Aut Judicare and | 26 |
Evidence of Customary Status | 43 |
The Principle as a Rule of Jus Cogens | 51 |
Establishing a Duty to Extradite or Prosecute | 71 |
Introductory Note 733 | 73 |
Piracy | 174 |
Aircraft Hijacking and Related Offenses | 176 |
b Council of Europe | 193 |
Crimes Against the Safety of International Maritime Navigation | 197 |
Use of Force Against Internationally Protected Persons | 202 |
b Organization of American States | 207 |
Taking of Civilian Hostages | 210 |
Drug Offenses | 216 |
A Substantive Conventions 1 The Prohibition Against Aggression | 75 |
War Crimes | 86 |
Unlawful Use of Weapons | 103 |
Crimes Against Humanity | 112 |
The Prohibition Against Genocide | 121 |
Racial Discrimination and Apartheid | 124 |
Slavery and Related Crimes | 132 |
The Prohibition Against Torture | 157 |
b Council of Europe | 161 |
Organization of American States | 162 |
Unlawful Human Experimentation | 167 |
International Traffic in Obscene Publications | 244 |
Protection of National and Archaeological Treasures | 249 |
Environmental Protection | 254 |
Theft of Nuclear Materials | 262 |
Unlawful Use of the Mails | 265 |
Counterfeiting | 273 |
Mercenarism | 283 |
Council of Europe | 297 |
List of Documents Discussed | 303 |
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Termeni și expresii frecvente
acts Agreement aircraft aircraft hijacking alleged offender apply Article aut dedere aut Cherif Bassiouni civitas maxima committed competent authorities concerned Counterfeiting courts crimes against humanity customary international law dedere aut judicare duty to extradite established European Convention existence extraditable offences extradite or prosecute extradition conditional extradition treaty Geneva Convention genocide Grotius Hague Convention High Contracting Parties human rights imposed Int'l international community International Convention International Criminal Law international offenses international relations jus cogens legislation letters of request Libya Martens Nouveau Recueil Martin Wight measures Montreal Convention multilateral norm obligation to extradite obligation to prosecute offences referred opium paragraph Postal Union Convention present Convention Prevention and Punishment principle aut dedere prohibit prosecute or extradite prosecution and punishment Protocol purpose of prosecution repression respect Stat supra note surrender territory Terrorism tion torture Traffic trial Tribunal U.N. Doc United Nations Universal Postal Union violation war crimes
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