bachelor degree

Topics: International law, Law, Laws of war Pages: 8 (2391 words) Published: December 9, 2013


The case : Belgium Versus Senegal.


ULK, December 2013.

Table of content.

I.Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International law.

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 the offence. This obligation was repeated in the 1936 Convention for the Suppression of the Illicit Traffic in Dangerous Drugs and the 1937draft Convention for the Prevention and Punishment of Terrorism.2 . In this respect, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1950 repeated the obligation in respect of nationals who committed a crime elsewhere, but contained no obligation for the extradition or prosecution of foreigners. Similarly, several recent treaties, the Optional Protocol to the Convention of the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography in 2000, the UN Convention against Transnational Organized Crime in 2000, and the 2003 UN Convention against Corruption all only require prosecution of a national in the absence of extradition. The best known version of the aut dedere aut judicare clause was first drafted for the Hague Convention for the Suppression of Unlawful Seizure of Aircraft, which provides:. The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State Regional criminal conventions began to include an extradite or prosecute clause from the 1970s onward, concomitant with the development of regional criminal conventions. In fact, all regional conventions which are purely criminal nature include a version of the aut dedere aut judicare clause. It is interesting to also consider those criminal conventions that do not include an extradite or prosecute clause. The Genocide Convention does not contain such a clause, providing in article VI that persons...
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