Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law PDF Download
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Author: Claire Mitchell
Publisher: Graduate Institute Publications
ISBN: 2940415048
Category : Law
Languages : en
Pages : 157
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Book Description
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.
Author: Claire Mitchell
Publisher: Graduate Institute Publications
ISBN: 2940415048
Category : Law
Languages : en
Pages : 157
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Book Description
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.
Author: David A. Sadoff
Publisher: Cambridge University Press
ISBN: 1107129281
Category : Law
Languages : en
Pages : 725
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Book Description
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Ivan Anthony Shearer
Publisher: Manchester University Press
ISBN: 9780719004179
Category : Law
Languages : en
Pages : 318
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Book Description
Author: Wolfgang Schomburg
Publisher:
ISBN: 9783406525728
Category : Criminal jurisdiction
Languages : en
Pages : 2449
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Book Description
Author: Isidoro Zanotti
Publisher: BRILL
ISBN: 9047408721
Category : Law
Languages : en
Pages : 451
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Book Description
This work provides indispensable access to an intricate and complex network of legal rules on extradition found in multilateral treaties and conventions, with specific emphasis on extradition in the Americas. It covers the historical development of the multilateral approach and presents a survey of the steps taken and work accomplished by organs of the Organization of American States with respect to updating the multilateral rules on extradition within the inter-American system. The analysis covers provisions of multilateral conventions of worldwide scope whose purposes are to prevent or repress specific categories of offences and compares the Inter-American Convention on Extradition with other multilateral treaties and conventions on that matter. The materials compiled in this volume give a welcome insight in the codification of law and constitute a fundamental tool for judicial cooperation in the Inter-American context.
Author: David A. Shirk
Publisher: Council on Foreign Relations
ISBN: 0876094426
Category : Political Science
Languages : en
Pages : 57
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Book Description
The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.
Author: Jill Barrett
Publisher: Cambridge University Press
ISBN: 1107111900
Category : Business & Economics
Languages : en
Pages : 533
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Book Description
Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287160767
Category : Law
Languages : en
Pages : 168
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Book Description
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.
Author: Olivier Corten
Publisher: Oxford University Press, USA
ISBN: 0199546649
Category : Law
Languages : en
Pages : 2171
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Book Description
The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field
