Aut dedere aut judicare
Encyclopedia
In law
, the principle of aut dedere aut judicare (Latin
for "extradite
or prosecute") refers to the legal obligation
of states
under public international law to prosecute persons who commit serious international crime
s where no other state has requested extradition. This obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality
.
The rationale for this principle is to ensure that there are no jurisdictional gaps in the prosecution of internationally committed crimes. It is, however, unusual for States to be required to exercise this jurisdiction because often another State party will have an interest in the matter and will apply for extradition. In this situation that State will have priority.
to extend the "prosecute or extradite" principle to them. This method of granting jurisdiction has become increasingly common since World War II
. Jurisdiction granting treaties include:
is a crime attracting universal jurisdiction or whether it is subject to aut dedere aut judicare. For discussion relating to this issue see the reference.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, the principle of aut dedere aut judicare (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "extradite
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
or prosecute") refers to the legal obligation
Obligation
An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
of states
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
under public international law to prosecute persons who commit serious international crime
International crime
International crime may refer to:*Crime against international law*Crime against humanity*Crime against peace*War crime*International criminal lawor it may refer to transnational crimes...
s where no other state has requested extradition. This obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
.
The rationale for this principle is to ensure that there are no jurisdictional gaps in the prosecution of internationally committed crimes. It is, however, unusual for States to be required to exercise this jurisdiction because often another State party will have an interest in the matter and will apply for extradition. In this situation that State will have priority.
Typical offences
Typically offences classified as falling under the aut dedere aut judicare principle include:- HijackingAircraft hijackingAircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...
of civilian aircraftCivil aviationCivil aviation is one of two major categories of flying, representing all non-military aviation, both private and commercial. Most of the countries in the world are members of the International Civil Aviation Organization and work together to establish common standards and recommended practices... - Taking of civilian hostageHostageA hostage is a person or entity which is held by a captor. The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war...
s - Acts of terrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
- TortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
- Crimes against internationally protected persons; and
- Financing of terrorism and other international crimes
Multilateral treaties
The majority of these offences rely on multilateral treatiesMultilateral treaty
A multilateral treaty is a treaty to which three or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations...
to extend the "prosecute or extradite" principle to them. This method of granting jurisdiction has become increasingly common since World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Jurisdiction granting treaties include:
- The Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
of 1949, Hague ConventionHague ConventionThe Hague Convention may refer to:* Hague Conventions , among the first formal statements of the laws of war and war crimes in international law...
for the Suppression of Unlawful Seizure of Aircraft 1970, - International Convention Against the Taking of Hostages 1979,
- International Convention for the Suppression of Terrorist Bombings 1997,
- International Convention on the Suppression of the Financing of Terrorism 1999,
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment 1984, and
- the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons 1973.
Genocide
There is still debate as to whether genocideGenocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
is a crime attracting universal jurisdiction or whether it is subject to aut dedere aut judicare. For discussion relating to this issue see the reference.