bachelor degree
KIGALI INDEPENDENT UNIVERSITY
FACULTY OF LAW
YEAR 4/DAY
ROLL NUMBER:26032
ASSGNEMENT OF INTERNATIONAL CRIMINAL LAW
TOPIC: AUT DEDERE AUT JUDICARE. The case : Belgium Versus Senegal.
COURSE LECTURER: KAYITANA EVODE.
ULK, December 2013.
Table of content.
I.Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International law. I.1Definition.
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’ armory of international criminal enforcement mechanisms.1
I.2 Sources of the “aut dedere aut judicare” obligation and its influence on the World Community.
.I. 2.1 Conventions or treaties
Multilateral treaties
The first convention containing an extradite or prosecute clause was the 1929 International Convention for the Suppression of Counterfeiting Currency, which provided, first, that where a State’s domestic law did not allow the extradition of nationals, nationals returning to their State after committing a crime under the Convention “should” be punishable in the same manner as if the crime had been committed in that State. Secondly, foreigners who commit an offence under the Convention abroad and are now in a country whose domestic legislation recognizes the extra-territorial application of criminal law “should” be punished as if the crime had occurred within that State, provided that there had been a request made for the offender’s extradition that had been refused for reasons not connected with
FACULTY OF LAW
YEAR 4/DAY
ROLL NUMBER:26032
ASSGNEMENT OF INTERNATIONAL CRIMINAL LAW
TOPIC: AUT DEDERE AUT JUDICARE. The case : Belgium Versus Senegal.
COURSE LECTURER: KAYITANA EVODE.
ULK, December 2013.
Table of content.
I.Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International law. I.1Definition.
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’ armory of international criminal enforcement mechanisms.1
I.2 Sources of the “aut dedere aut judicare” obligation and its influence on the World Community.
.I. 2.1 Conventions or treaties
Multilateral treaties
The first convention containing an extradite or prosecute clause was the 1929 International Convention for the Suppression of Counterfeiting Currency, which provided, first, that where a State’s domestic law did not allow the extradition of nationals, nationals returning to their State after committing a crime under the Convention “should” be punishable in the same manner as if the crime had been committed in that State. Secondly, foreigners who commit an offence under the Convention abroad and are now in a country whose domestic legislation recognizes the extra-territorial application of criminal law “should” be punished as if the crime had occurred within that State, provided that there had been a request made for the offender’s extradition that had been refused for reasons not connected with