The obligation aut dedere aut judicare (‘extradite or prosecute’) in international law: scope, content, sources and applicability of the obligation ‘extradite or prosecute’

摘要

The thesis focuses on the scope, content, sources and applicability of the obligation aut dedere aut judicare pertaining to certain international crimes such as genocide, war crimes, crimes against humanity, the prohibition of torture, drug trafficking, hijacking of civil aviation and terrorist bombing and financing of terrorism in international law. The general framework of the thesis focuses on the legal base of the obligation aut dedere aut judicare, the scope and content of the obligation, the triggering mechanisms of the duty, and state responsibility for preaches of the obligation.ududThe relevant core crimes and transnational crimes are examined in relation to the obligation, based on and formulated in various multilateral, widely-ratified conventions and state practice. State practice and opinio juris indicate that a customary aut dedere aut judicare duty has formed or crystallized for certain international crimes such as the prohibition of torture, genocide, grave breaches of international humanitarian law, including war crimes, and crimes against humanity. As regards the offences against the safety of civil aviation and hijacking, terrorism-related crimes, international drug trafficking, and crimes against UN personnel, the evidence is mixed and it is more appropriate to conclude that an emerging custom of the obligation 'extradite-or-prosecute' for these crimes is forming.