Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Main Text
- Part I Prologue
- Part II Substantive Law
- 3 Customary International Law Analysis
- I Theory Behind and the Key Characteristics of ‘Core Crimes’, as Opposed to ‘Non-Core Crimes’, and the Importance of Their Prosecution
- II 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 Hybrid Tribunal and its Impediments
- 3 Customary International Law Analysis
- Part III Epilogue and Reflections
- 8 Conclusions and the Way Forward
- I Efforts to Fill the Void
- II The ILC’s Crimes against Humanity Topic
- III Positive Complementarity
- IV National Peace/Reconciliation, International Peace/Stability, and Other Considerations against aut dedere aut judicare
- V Alternatives to Prosecution: Transitional Justice et al
- VI Ending Impunity: Syria and Beyond
- VII Future Prospects of aut dedere aut judicare in International Criminal Justice
- 8 Conclusions and the Way Forward
- Further Material
- Appendix Final Report of the International Law Commission on the Topic ‘The Obligation to Extradite or Prosecute (aut dedere aut judicare)’
- A Introduction
- B Consideration of the Topic at the Present Session
- C Final Report on the Topic
- 65
- 1 Obligation to fight impunity in accordance with the rule of law
- 2 The importance of the obligation to extradite or prosecute in the work of the International Law Commission
- 3 Summary of work
- (4)
- (5)
- (a) Typology of provisions in multilateral instruments
- (b) Implementation of the obligation to extradite or prosecute
- (c) Gaps in the existing conventional regime and the ‘third alternative’
- (d) The priority between the obligation to prosecute and the obligation to extradite, and the scope of the obligation to prosecute
- (e) The relationship of the obligation to extradite or prosecute with erga omnes obligations or jus cogens norms
- (f) The customary international law status of the obligation to extradite or prosecute
- (g) Other matters of continued relevance in the 2009 General Framework
- Index
- Appendix Final Report of the International Law Commission on the Topic ‘The Obligation to Extradite or Prosecute (aut dedere aut judicare)’