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Att överlämna eller åtala aut dedere aut judicare


Aut dedere, aut judicare

Aut dedere aut judicare. In law, the principle of aut dedere aut judicare (Latin for "either extradite or prosecute ") refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. About this chapter Cite this chapter Keijzer, N. The prosecution may, for this reason, be suspended by order of the Minister of Justice.


Aut Dedere Aut Judicare - International Law - Oxford

    the Latin formula “aut dedere aut judicare”, especially in relation to the term “judicare”, which they considered as not reflecting precisely the scope of the term “prosecute”. However. Dupuy in his book Droit International Public, 3rd ed. Online ISBN : Once the ability to act is established, the question becomes whether states are obliged to exercise that juris- diction.


    Obligation to extradite or prosecute (aut dedere aut judicare)

The obligation to extradite or prosecute, now traditionally described by the Latin expression aut dedere aut judicare, is one of the paramount cooperation means designed by states in order to counter this phenomenon and, in particular, to deprive criminals of any safe haven. Since they reflect public conscience, the principles of humanity actually constitute a universal reference point and apply independently of the Protocol. They have traditionally applied to situations of inter- national armed conflict and contain rules restricting the means and methods of combat in order to ameliorate the conditions of incapacitated soldiers and to spare the civilian population from the ad- verse effects of hostilities.
  • att överlämna eller åtala aut dedere aut judicare
  • Aut Dedere Aut Judicare - SpringerLink

  • dures, concerning the obligation to extradite or prosecute (aut dedere aut judicare); (c) Judicial practice of a State reflecting the application of the obligation aut dedere aut judicare; (d) Crimes or offences to which the principle of the obligation aut dedere aut judicare is applied in the legislation or practice of a State.1 3. Discussion in Plenary : th 7 July and nd 7 August meetings. Convention to prevent and punish the acts of terrorism taking the form of crimes against persons and related extortion that are of international significance Washington, , Art.
  • Aut Dedere Aut Judicare

    prosecute (aut dedere aut judicare) is the second report prepared by the Special Rapporteur on the topic in ques-tion. the preliminary report,1 presented in , was discussed by the members of the international law Com-mission during its fifty-eighth session. 2. Since then, however, although the topic has been for-. Please subscribe or login. Respect for Human Rights brings the law governing in- ternal conflict in line with that governing international strife, as it recognizes the cus- tomary rule of civilian immunity and its corollary, the distinction between civilians and combatants.

  • Aut Dedere Aut Judicare - SpringerLink


  • Aut dedere aut judicare - Wikipedia

    Obligation to extradite or prosecute (aut dedere aut judicare) See also: Summary | Texts and Instruments. Mandate. recommendation of the Working-Group on the long-term programme of work (see. Oxford Bibliographies Online is available by subscription and perpetual access to institutions. Without the recognition of such an obligation, the perpetrators of heinous crimes are effectively acquitted.

    Aut Dedere Aut Judicare - Semantic Scholar

    1 Enforcement of international criminal law is entrusted primarily to States, under a formula known as aut dedere aut iudicare, meaning extradite or prosecute. This formula was first suggested by Hugo Grotius, who in wrote:The state ought to do one of two things . Your current browser may not support copying via this button. The authors would like to express their gratitude to: Dean Stephen J.

  • Aut dedere aut judicare - Wikipedia

  • General Assembly - United Nations

    Översättning av "aut aut" till italienska Exempel på översatt mening: Genom artikel bekräftas principen "Aut dedere aut judicare" således på ett klart sätt. ↔ Con l'articolo 5, paragrafo 2 si afferma quindi chiaramente il principio «Aut dedere aut judicare». Paris: Dalloz, at [hereinafter Droit International] where he states:. This convergence of the fundamental principles of the laws of humanity and the dictates of public conscience which form the basis of humanitarian and human rights law shows that:.