mandatory grounds for refusing to extradite

optional grounds for refusing to extradite

Grounds for refusing to extradite a person (article 493)

The Gambia was currently making efforts to extradite him.

(e) The obligation to extradite or prosecute (aut dedere aut judicare)

the obligation to extradite for offences provided under the relevant treaty

Conflicts arising from the execution of a request to extradite a person (article 497)

Erdogan has repeatedly demanded the United States extradite Gulen, who is reportedly suffering from a long term illness.

Article 493 of the draft law contains a list of the grounds for refusal to extradite a person.

Greece did not tolerate violence against civilians and responded to such acts in accordance with the principle extradite or prosecute (aut dedere aut judicare).

The Commission decided to include in its current programme of work one new topic, namely obligation to extradite or prosecute (aut dedere aut judicare)

85. Australia supports the suggestion in paragraph 553 that the system for handing over accused persons be complementary to the existing prosecute or extradite regime.

Her delegation welcomed the decision to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in the Commission's programme of work.

Endorses the decision of the International Law Commission to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in its programme of work

Endorses the decision of the International Law Commission to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in its programme of work

5. Endorses the decision of the International Law Commission to include the topic The obligation to extradite or prosecute (aut dedere aut judicare) in its programme of work

Once all Member States implement the principle extradite or prosecute (aut dedere aut iudicare), which underlies most of these instruments, there will be no safe havens left for terrorists.

tounsiahourra Of course, the Libyan minister of finance's presence in Nouakchott to extradite Senoussi faces a lot of question marks. It's like an old Egyptian movie called Give and Take

Common sense would seem to leave no other conclusion than that his arrest in a country that is obliged by treaty to extradite fugitives from US justice serves no purpose at all.

No State party shall expel, return ( refouler ) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

(d) Ensure compliance with the requirements of article 3, including the proper test of proof, or the risk of torture, when determining whether to expel, return or extradite a person to another State

By recklessly denying China s request to extradite Uighur extremists to China for trial, the US showed scant regard for an issue of paramount importance the threat posed to China s hard won unity by separatists.

The US allowed Serbia into NATO s Partnership for Peace, despite Serbia s refusal to extradite General Ratko Mladic, the Bosnian Serbs military leader in the 1990 s, to The Hague to face war crimes charges.

8. Recalls that States shall not expel, return ( refouler ) or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture

No State Party shall expel, return ( refouler ) or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.

This is an appropriate way out of the impasse created by loopholes in certain treaties and by the inability of some States to extradite accused persons because, for example, they are nationals of those States.

Fundamental values are also at stake for the EU, whose members, ironically, have in some cases actively supported the US in its quest to extradite Snowden, despite being victims of America s alleged breaches of international law.

In the latest interview given by Andrei Lugovoi, the man Great Britain wants Russia to extradite for poisoning the dissident Alexander Litvinenko with radioactive polonium, there was a remarkable moment that has not been fully appreciated.

1. No State Party shall expel, return ( refouler ), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.

The principle of aut dedere aut judicare (either extradite or prosecute) was fundamental to that regime, which was applicable to persons of the relevant status irrespective of whether or not they were in a high risk location.

4. Invites Governments, within the context of paragraph 3 above, to provide information to the International Law Commission regarding practice with regard to the topics Expulsion of aliens and The obligation to extradite or prosecute (aut dedere aut judicare)

Also urges States not to expel, return (refouler), extradite or in any other way transfer a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture

India s membership in this group has international repercussions for example, European Union countries will not extradite criminals to countries where they may face execution. But the real problem is deeper capital punishment is, at its core, about nothing more than retribution.

4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

6. Invites Governments to provide to the International Law Commission, as requested in chapter III of its report,Ibid., paras. 26 33. information on legislation and practice regarding the topic The obligation to extradite or prosecute (aut dedere aut judicare)

What happens when the views of equally interested States are not in harmony? And how will a State be convinced to surrender its national to the international court if it is not willing to extradite its national to another forum?

Belarus adheres to the principle of au dedere aut judicare (extradite or prosecute), provided for in the obligations that it has assumed under international legal documents, including on the basis of a number of conventions and protocols related to combating terrorism.

In this connection, the DRC signed in February 2005, with the International Criminal Tribunal for Rwanda (ICTR) a cooperation agreement to track down and extradite persons responsible for the Rwandan genocide, designated as terrorists by the Dar es Salaam Declaration.

The Rule of Law Department convened and chaired a working group on extradition, tasked with proposing solutions to the myriad problems posed by requests to extradite citizens of neighbouring countries for war crimes trials in the Court of Bosnia and Herzegovina.

In that way, the international community is appealing to the United States of America to stop protecting the terrorist Luis Clemente Posada Carriles and to extradite him to Venezuelan territory or, failing that, to prosecute him on its own territory.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.

The prospects for such cooperation had often been thwarted, however, by attempts to distinguish between good and bad terrorists, to grant terrorists asylum in contravention of the principle of extradite or prosecute , or to refuse to recognize them as human rights offenders.

Some of the experts dissented on this point, arguing that the multifaceted nature of such companies did not obviously place them in the mercenary legal regime Contain an explicit prosecute or extradite clause, thereby setting up a system of mandatory universal jurisdiction.

7. Calls upon States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentUnited Nations, Treaty Series, vol. 1465, No. 24841. to fulfil their obligation to submit for prosecution or extradite those alleged to have committed acts of torture

On a lighter note, Sarkozy s Minister of Culture Frédéric Mitterrand, the nephew of the former president, is being excoriated by the media for supporting Roman Polanski against efforts by the United States to extradite him to face punishment for the rape of a minor three decades ago.