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Part II Substantive Law, 3 Customary International Law Analysis

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: 18 September 2021

Derogations — Extradition and mutual assistance — Crimes against humanity — Genocide — War crimes — Prosecution — Customary international law — Peremptory norms / ius cogens

This chapter explains the theory behind, and the key characteristics of, core crimes (such as genocide, crimes against humanity, and war crimes) proscribed by peremptory norms (jus cogens), from which derogation is not permitted, as well as the importance of their prosecution. State practice and its acceptance as law in support of the existence of the customary international law binding on all States to either extradite or prosecute perpetrators of core crimes are systematically elaborated pursuant to the established criteria for the identification of customary international law.

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