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Part I Prologue, 1 General Introduction

From: The Obligation to Extradite or Prosecute

Kriangsak Kittichaisaree

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 October 2021

Extradition and mutual assistance — Jurisdiction — Prosecution — Relationship between international and domestic law

This chapter introduces the legal concept of the international legal obligation to extradite or prosecute perpetrators of the most serious crimes of international concern, tracing its historical foundation, explaining the codification and progressive development work of the UN International Law Commission on the 1996 Draft Code of Crimes against the Peace and Security of Mankind that has bearings on the concept, and identifying the gap in the existing treaty regime on this obligation. It succinctly analyses the three intertwined alternatives of extradition, prosecution, both by domestic criminal tribunals, and the third alternative of surrendering the perpetrators of such crimes to international criminal tribunals for the purpose of their prosecution.

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