The Obligation to Prosecute or Extradite

ISBN : 9780198823292

Kriangsak Kittichaisaree
416 ページ
156 x 234 mm

Prosecution of serious crimes which are worthy of international concern were few and far between before the initiating of the International Criminal Court in 2002. Fifteen years later, there are still concerns. The United Nations International Law Commission's Working Group on the Obligation to Extradite or Prosecute submitted its own report on the issue in 2014, which has led to numerous, as of yet unanswered, questions. How far are states under an obligation to extradite criminals who shock the world? Are State officials immune from foreign criminal jurisdiction? How can we enforce universal jurisdiction? And what happens when there are competing rules regarding the surrender of persons to a competent international court?

Written by the Chairman of that very Commission, Kittichaisaree provides a guide to the final report, offering an analysis of the subject and a unique summary of its drafting history. Authoritative, encyclopaedic, and essential to those in the field, The Obligation to Extradite Or Prosecute critiques the status quo and offers practical solutions as to the road ahead.


I Prologue; 1 General Introduction; 2 The International Law Commission's Work On The Obligation To Extradite Or Prosecute (Aut Dedere Aut Judicare); II Substantive Law; 3 Customary International Law Analysis; 4 The Obligation To Extradite Or Prosecute For Non-Core-Crimes As Treaty Obligations; 5 Universal Jurisdiction And The Obligation To Extradite Or Prosecute; 6 Scope Of The Obligation To Extradite Or Prosecute; 7 The Third Alternative Of Surrender To A Competent International Criminal Tribunal Or A Hybird Tribunal And Its Impediments; III Epilogue And Reflections; 8 Conclusions And The Way Forward


The author is a Judge of the International Tribunal for the Law of the Sea. He has served as a member of the UN International Law Commission and the Chairman of its Working Group on the Obligation to Extradite or Prosecute (aut dedere aut judicare); Chairman of the UN General Assembly's Working Group of the Sixth Committee on the Administration of Justice at the United Nations; and Coordinator of the International Legal Cooperation against Terrorism stream of the Legal Issues Working Group of the Bali Regional Ministerial Meeting on Counter-Terrorism, in response to the Bali Bombing of 12 October 2002 and subsequent terrorist activities in the Asia-Pacific region and beyond. He has held visiting professorships at some world-renowned law schools in Australia, Singapore, and the USA. His publications include the pioneering textbook International Criminal Law published by OUP in July 2001.