The Obligation to Extradite or Prosecute
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 March 2018
- ISBN 9780198823292
- Binding Hardback
- No. of pages400 pages
- Size 241x163x30 mm
- Weight 732 g
- Language English 0
Categories
Short description:
It was hoped that the creation of the International Criminal Court would enable the extradition and prosecution of crimes which shock the world. Fifteen years later, Kittichaisaree scrutinises the achievements and limitations of the court so far, offering his own vision for ensuring that no international criminal escapes the eye of justice.
MoreLong description:
Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014.
Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.
This is a wide-ranging book ... it has real resonance given the ongoing conflict in Syria.
Table of Contents:
I Prologue
General Introduction
The International Law Commission's Work On The Obligation To Extradite Or Prosecute (Aut Dedere Aut Judicare)
II Substantive Law
Customary International Law Analysis
The Obligation To Extradite Or Prosecute For Non-Core-Crimes As Treaty Obligations
Universal Jurisdiction And The Obligation To Extradite Or Prosecute
Scope Of The Obligation To Extradite Or Prosecute
The Third Alternative Of Surrender To A Competent International Criminal Tribunal Or A Hybird Tribunal And Its Impediments
III Epilogue And Reflections
Conclusions And The Way Forward
