Universal jurisdiction and the obligation to extradite or prosecute
The article is devoted to the question of the relationship between the aut dedere aut judicare principle and concepts of universal jurisdiction in international criminal law. Cooperation between states in the fight against international crimes involves, among other things, solving the issue of the...
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| Format: | Article |
| Language: | English |
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Uzhhorod National University
2023-11-01
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| Series: | Аналітично-порівняльне правознавство |
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| Online Access: | http://journal-app.uzhnu.edu.ua/article/view/290831 |
| _version_ | 1827747227665170432 |
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| author | S.O. Kosianenko |
| author_facet | S.O. Kosianenko |
| author_sort | S.O. Kosianenko |
| collection | DOAJ |
| description |
The article is devoted to the question of the relationship between the aut dedere aut judicare principle and concepts of universal jurisdiction in international criminal law. Cooperation between states in the fight against international crimes involves, among other things, solving the issue of the exercise of national criminal jurisdiction, including universal jurisdiction, as well as the implementation of the aut dedere aut judicare principle. Providing universal jurisdiction is an important element of prosecuting alleged perpetrators of crimes of international concern, especially when the alleged perpetrator is not prosecuted in the territory where the crime was committed. It was determined that each state defines the scope of its criminal jurisdiction (including universal jurisdiction) and each state is responsible for determining the scope of its criminal law. States are required to conform to their international obligations, including refraining from interfering in the internal affairs of other states and implementing obligations on prosecution or extradition. A conclusion was made about the importance of distinguishing the concepts of universal jurisdiction and aut dedere aut judicare. Universal jurisdiction applies when there is no other connection to the state (territoriality, nationality, the protective principle or any other basis). Aut dedere aut judicare obligation entails the transfer of the case to the competent authorities for prosecution or extradition, not the establishment of jurisdiction. In order to fulfill the obligation aut dedere aut judicare, the state must already have passed laws criminalizing certain acts. An obligation aut dedere aut judicare does not only refer to serious crimes committed by a foreigner against a foreigner abroad. An aut dedere aut judicare obligation is not limited to situations in which a universal jurisdiction is required to be applied for the prosecution or extradition.
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| first_indexed | 2024-03-11T05:44:10Z |
| format | Article |
| id | doaj.art-caa4d5472d764faaad8e7e2ac734f2b1 |
| institution | Directory Open Access Journal |
| issn | 2788-6018 |
| language | English |
| last_indexed | 2024-03-11T05:44:10Z |
| publishDate | 2023-11-01 |
| publisher | Uzhhorod National University |
| record_format | Article |
| series | Аналітично-порівняльне правознавство |
| spelling | doaj.art-caa4d5472d764faaad8e7e2ac734f2b12023-11-17T15:24:39ZengUzhhorod National UniversityАналітично-порівняльне правознавство2788-60182023-11-01510.24144/2788-6018.2023.05.110Universal jurisdiction and the obligation to extradite or prosecuteS.O. Kosianenko0PhD student at the National University “Odesa Law Academy”, Department of International Law and European law The article is devoted to the question of the relationship between the aut dedere aut judicare principle and concepts of universal jurisdiction in international criminal law. Cooperation between states in the fight against international crimes involves, among other things, solving the issue of the exercise of national criminal jurisdiction, including universal jurisdiction, as well as the implementation of the aut dedere aut judicare principle. Providing universal jurisdiction is an important element of prosecuting alleged perpetrators of crimes of international concern, especially when the alleged perpetrator is not prosecuted in the territory where the crime was committed. It was determined that each state defines the scope of its criminal jurisdiction (including universal jurisdiction) and each state is responsible for determining the scope of its criminal law. States are required to conform to their international obligations, including refraining from interfering in the internal affairs of other states and implementing obligations on prosecution or extradition. A conclusion was made about the importance of distinguishing the concepts of universal jurisdiction and aut dedere aut judicare. Universal jurisdiction applies when there is no other connection to the state (territoriality, nationality, the protective principle or any other basis). Aut dedere aut judicare obligation entails the transfer of the case to the competent authorities for prosecution or extradition, not the establishment of jurisdiction. In order to fulfill the obligation aut dedere aut judicare, the state must already have passed laws criminalizing certain acts. An obligation aut dedere aut judicare does not only refer to serious crimes committed by a foreigner against a foreigner abroad. An aut dedere aut judicare obligation is not limited to situations in which a universal jurisdiction is required to be applied for the prosecution or extradition. http://journal-app.uzhnu.edu.ua/article/view/290831aut dedere aut judicare clausejurisdictionuniversal jurisdictioninternational crimescooperation between states in the fight against crime |
| spellingShingle | S.O. Kosianenko Universal jurisdiction and the obligation to extradite or prosecute Аналітично-порівняльне правознавство aut dedere aut judicare clause jurisdiction universal jurisdiction international crimes cooperation between states in the fight against crime |
| title | Universal jurisdiction and the obligation to extradite or prosecute |
| title_full | Universal jurisdiction and the obligation to extradite or prosecute |
| title_fullStr | Universal jurisdiction and the obligation to extradite or prosecute |
| title_full_unstemmed | Universal jurisdiction and the obligation to extradite or prosecute |
| title_short | Universal jurisdiction and the obligation to extradite or prosecute |
| title_sort | universal jurisdiction and the obligation to extradite or prosecute |
| topic | aut dedere aut judicare clause jurisdiction universal jurisdiction international crimes cooperation between states in the fight against crime |
| url | http://journal-app.uzhnu.edu.ua/article/view/290831 |
| work_keys_str_mv | AT sokosianenko universaljurisdictionandtheobligationtoextraditeorprosecute |