We may earn an affiliate commission when you visit our partners.

Aut dedere aut judicare

The Duty to Extradite or Prosecute in International Law

Edward M. Wise M. Cherif Bassiouni

The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare.

Save this book

Create your own learning path. Save this book to your list so you can find it easily later.
Save

Share

Help others find this book page by sharing it with your friends and followers:
Our mission

OpenCourser helps millions of learners each year. People visit us to learn workspace skills, ace their exams, and nurture their curiosity.

Our extensive catalog contains over 50,000 courses and twice as many books. Browse by search, by topic, or even by career interests. We'll match you to the right resources quickly.

Find this site helpful? Tell a friend about us.

Affiliate disclosure

We're supported by our community of learners. When you purchase or subscribe to courses and programs or purchase books, we may earn a commission from our partners.

Your purchases help us maintain our catalog and keep our servers humming without ads.

Thank you for supporting OpenCourser.

© 2016 - 2025 OpenCourser