What is the aut dedere aut judicare principle?

What is the aut dedere aut judicare principle?

In law, the principle of aut dedere aut judicare (Latin for “either extradite or prosecute”) refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition.

What are the conditions necessary for extradition?

Essential conditions for extradition i) The relevant crime is sufficiently serious. ii) There exists a prima facie case against the individual sought. iii) The event in question qualifies as a crime in both countries. recipient country.

What is meant by universal jurisdiction?

The principle of universal jurisdiction provides for a state’s jurisdiction over crimes against international law even when the crimes did not occur on that state’s territory, and neither the victim nor perpetrator is a national of that state.

What is extradition in international law?

Ames (1902), “extradition is the surrender by one nation to another of an individual accused or convicted of an offence outside of its own territory and within the territorial jurisdiction of the other which, being competent to try and punish him demands the surrender”.

What is the law of extradition?

extradition, in international law, the process by which one state, upon the request of another, effects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge.

Does India have extradition law?

India currently has extradition treaties with 48 countries. India has also entered into extradition arrangements with 10 countries.

What countries have universal jurisdiction?

These states include: Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Israel, Mexico, Netherlands, Senegal, Spain, Switzerland, the United Kingdom and the United States.

What crimes fall under universal jurisdiction?

What is Universal Jurisdiction? International law recognizes that certain crimes are so serious that the duty to prosecute them transcends all borders, giving rise to “Universal Jurisdiction” over grave crimes in violation of international law, such as crimes against humanity, war crimes, genocide, and torture.

What is extradition law in India?

In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962. This is for both extraditing of persons to India and from India to foreign countries. The basis of the extradition could be a treaty between India and another country.

What is Extradition Act in India?

The Extradition Act, 1962. Long Title: An Act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto. Ministry: Ministry of External Affairs.

Which country has no extradition treaty with India?

India has no Extradition Treaty with Afghanistan, Bangladesh, China, Maldives, Myanmar and Pakistan.

Does India have universal jurisdiction?

Abstract. The International Criminal Court is the first permanent world judicial institution with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide and possible aggression. Curiously, India voted against the Court’s founding instrument, the Rome Statute.

Who legislates international law?

Since most international law is governed by treaties, it’s usually up to the individual nations to enforce the law. However, there are a few international organizations that enforce certain treaties. The most notable example is the United Nations, which has 192 member states.

Who is known as the father of international law?

Escape in a book chest. Thanks to his work On the law of war and peace Grotius is considered to be the founding father of modern international law.

Who created international law?

Jeremy Bentham
The modern term international law was invented by Jeremy Bentham in 1789 and established itself in the 19th century.

How many countries does India have extradition treaty?

India currently has extradition treaties with 48 countries.

What countries Cannot extradite?

The following countries have been known to refuse U.S. extradition requests, despite having treaties: Bolivia, Ecuador, Iceland, Nicaragua, Switzerland, Venezuela and Zimbabwe….Countries with No U.S. Extradition Treaty.

Afghanistan	Ethiopia	Nepal
Chad	Mauritania	Tunisia
China	Micronesia	Uganda
Comoros	Moldova	Ukraine