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Part II Substantive Law, 4 The Obligation to Extradite or Prosecute for Non-Core Crimes as Treaty Obligations

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: 23 October 2021

Immunity from jurisdiction, ratione materiae — Extradition and mutual assistance — Obligation to prosecute — Customary international law

The obligation to extradite or prosecute perpetrators of non-core crimes can be found in various treaties, outside customary international law. This chapter explains the operation of the various provisions on the obligation to extradite or prosecute under more than 60 treaties, addresses pertinent issues of international law pertaining to the implementation of these provisions; namely, double criminality ratione materiae and ratione temporis; the political offence exception; and the existence of humanitarian reasons to deny extradition.

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