Aut dedere aut iudicare
Michael P Scharf
- Right to fair trial — Judicial assistance — Extradition and mutual assistance — Aut dedere aut judicare — Prosecution — Genocide — Customary international law — Peremptory norms / ius cogens
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 Enforcement of international criminal law is entrusted primarily to States, under a formula known as aut dedere aut iudicare, meaning extradite or prosecute. This formula was first suggested by Hugo Grotius, who in 1625 wrote:The state…ought to do one of two things … It should either punish the guilty person as he deserves, or it should entrust him to the discretion of the party making the appeal. This latter course is rendition … [A] people or king is not absolutely bound to surrender a culprit, but …either to surrender or to punish him. (At 526–28.)2 Under the...