Tuesday, 10 February 2009

Try or Extradite: Amnesty International Study for International Law Commission

Amnesty International has released a research paper on the obligation to try or extradite under international law (aut dedere aut judicare): http://www.amnesty.org/en/library/info/IOR40/001/2009/en.
It is said to be the first of a series of papers on human rights issues as they relate to the work of the International Law Commission, which is currently studying the scope of the duty to try or extradite.
The report contains several references to enacted and draft national legislation providing for the obligation to extradite or prosecute, whether as a dual or triple alternative. There is also a reference to jurisprudence of national and international courts. Annex I is a compilation of treaty provisions containing the aut dedere aut judicare obligation. Annex II contains the few interpretative declarations or reservations made by states to provisions containing this obligation. Annex III to this document contains an up-to-date list of selected international and regional instruments containing the obligation and their status of signature and ratification (as of 7 January 2009).
Thanks to Hugo Relva.

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