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

Name: Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law
Brand: Graduate Institute Publications
SKU: 9782940415045
Price: 2.99 EUR
Availability: InStock
ISBN: 978-2-940-41504-5

de Claire Mitchell (auteur)

Maison d'édition : Graduate Institute Publications

mars 2011

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Résumé

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.

Auteur

Claire Mitchell (auteur)

With a background of teaching history to Primary School students, I was excited to realise that Mosman could be seen as a microcosm of Australian history and development. First fleet's flagship, HMS Sirius, careened at Mosman Bay, early interaction with the Cammeragal Aboriginal tribe, convicts whose labour forged the development and defences, arrival of the free settlers emigrating from Europe and other places. All of this helped make Australia what it is.I have been involved in a successful community effort to save a heritage site at Middle Head from inappropriate development.I have a love for picnics which I see as an opportunity to enjoy healthy, robust flavours while enjoying our Sydney foreshores.

Auteur(s) : Claire Mitchell