The Obligation to Extradite or Prosecute

It was hoped that the creation of the International Criminal Court would enable the extradition and prosecution of crimes which shock the world. Fifteen years later, Kittichaisaree scrutinises the achievements and limitations of the court so far, offering his own vision for ensuring that no international criminal escapes the eye of justice.

Prosecution of serious crimes of international concern has been few and far between before and even after the establishment of the International Criminal Court in 2002. Hope thus rests with the implementation of the international legal obligation for States to either extradite or prosecute such perpetrators among themselves or surrender them to a competent international criminal court. This obligation was considered by the United Nations International Law Commission (ILC) which submitted its final report in 2014.

Kittichaisaree, Chairman of the ILC Working Group on that topic, not only provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history, he also covers important issues left unanswered by the report, including the customary international legal status of the obligation, the role of the universal jurisdiction, immunities of State officials, and impediments to the surrender of offenders to international criminal courts. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite or Prosecute also offers practical solutions as to the road ahead.

This is a wide-ranging book ... it has real resonance given the ongoing conflict in Syria.

Auteur

The author is a Judge of the International Tribunal for the Law of the Sea. He has served as a member of the UN International Law Commission and the Chairman of its Working Group on the Obligation to Extradite or Prosecute (aut dedere aut judicare); Chairman of the UN General Assembly's Working Group of the Sixth Committee on the Administration of Justice at the United Nations; and Coordinator of the International Legal Cooperation against Terrorism stream of the Legal Issues Working Group of the Bali Regional Ministerial Meeting on Counter-Terrorism, in response to the Bali Bombing of 12 October 2002 and subsequent terrorist activities in the Asia-Pacific region and beyond.
He has held visiting professorships at some world-renowned law schools in Australia, Singapore, and the USA. His publications include the pioneering textbook International Criminal Law published by OUP in July 2001.

Contenu

• I Prologue

• 1: General Introduction

• 2: The International Law Commission's Work On The Obligation To Extradite Or Prosecute (Aut Dedere Aut Judicare)

• II Substantive Law

• 3: Customary International Law Analysis

• 4: The Obligation To Extradite Or Prosecute For Non-Core-Crimes As Treaty Obligations

• 5: Universal Jurisdiction And The Obligation To Extradite Or Prosecute

• 6: Scope Of The Obligation To Extradite Or Prosecute

• 7: The Third Alternative Of Surrender To A Competent International Criminal Tribunal Or A Hybird Tribunal And Its Impediments

• III Epilogue And Reflections

• 8: Conclusions And The Way Forward