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Part III The Right to Justice, B Distribution of Jurisdiction between National, Foreign, International, and Internationalized Courts, Principle 21 Measures for Strengthening the Effectiveness of International Legal Principles Concerning Universal and International Jurisdiction

Paola Gaeta

From: The United Nations Principles to Combat Impunity: A Commentary

Edited By: Frank Haldemann, Thomas Unger

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Right to truth — Aut dedere aut judicare — Truth and Reconciliation Commissions

Principle 21 outlines measures for strengthening the effectiveness of international legal principles concerning universal and international jurisdiction. In particular, it requires states to establish universal criminal jurisdiction and highlights their obligations to prosecute or to extradite (aut dedere aut judicare) states may possess under treaty law. The relationship between dedere and judicare might vary depending on the formulation of the relevant treaty obligation. A controversial issue is whether states can assert ‘pure’ universal criminal jurisdiction, and whether the aut dedere aut judicare treaty based formula is opposable to non-state parties. This chapter first provides a contextual and historical background on Principle 21 before discussing its theoretical framework, focusing on the definition and scope of ‘universal jurisdiction’ and the aut dedere aut judicare principle. It also examines how Principle 21 has been exercised in practice.

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