Jus de non evocando
Encyclopedia
The Jus de non evocando is an ancient feudal right, stating that no one can be kept from the competent court. It derives from a medieval principle that subjects of the Crown were entitled to ius de non evocando, the right to enjoy the jurisdiction and protection of the Crown to which they were loyal. As such it is still present in several constitutions, such as the German constitution, the Italian constitution and the Dutch constitution
.
It has today become an important concept in public international law by which states refuse to extradite
their own citizens. Some countries may refuse to extradite non-nationals, who, because of their crimes, may be subject to the death penalty. This may be seen in the case of Canada and Mexico vis-à-vis the United States.
This principle is frequently argued in cases of the International Criminal Tribunal for Rwanda
(ICTR) and former Yugoslavia
(ICTY). The foundation lies in that the international tribunal, by seizing jurisdiction over an international criminal trial from national courts, is violating the principle of jus de non evocando. The Trial Chamber in the case of Dusko Tadic (IT-94-1 of the ICTY) stated that states give up some measure of sovereignty to be a part of the UN and the ICTY is a product of the UN, therefore there is no violation.
Constitution of the Netherlands
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
.
It has today become an important concept in public international law by which states refuse to 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...
their own citizens. Some countries may refuse to extradite non-nationals, who, because of their crimes, may be subject to the death penalty. This may be seen in the case of Canada and Mexico vis-à-vis the United States.
This principle is frequently argued in cases of the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR) and former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY). The foundation lies in that the international tribunal, by seizing jurisdiction over an international criminal trial from national courts, is violating the principle of jus de non evocando. The Trial Chamber in the case of Dusko Tadic (IT-94-1 of the ICTY) stated that states give up some measure of sovereignty to be a part of the UN and the ICTY is a product of the UN, therefore there is no violation.