Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 26 Restrictions on Extradition/Non Bis in Idem
Edited By: Frank Haldemann, Thomas Unger
- Human rights — Immunity from jurisdiction — Extradition and mutual assistance — Truth and Reconciliation Commissions
Principle 26 deals with restrictions on extradition and the principle non bis in idem. More specifically, it addresses obstacles to extradition and double jeopardy (ne bis in idem), two issues that both place restrictions rather than prohibitions on the exercise of criminal jurisdiction than interdictions to assert jurisdiction. The principle ne bis in idem and extradition law have evolved from a ‘State-oriented’ approach into an ‘individual-oriented approach’. Principle 26 highlights a series of controversial issues, including the denial of extradition to countries enforcing the death penalty to the so-called ‘shield trials’, and tries to strike a balance between the fight against impunity and the enhancement of individual rights for persons facing trials, even for ‘serious crimes under international law’. This chapter first provides a contextual and historical background on Principle 26 before discussing its theoretical framework and how the Principle has been applied in practice.