...make every effort to cooperate, to the extent possible, with each other to facilitate the investigation of war crimes and the prosecution of the suspects.154 Where sexual violence amounts to a grave breach in an IAC, cooperation may include, but not necessarily require, extradition. States that receive a request for extradition have the option of not prosecuting offenders themselves but rather, if they prefer, handing them over to a requesting State Party for trial.155 III.13...

...State in whose territory the suspect is present has received a request for extradition to another State, it can relieve itself of its obligation to prosecute by complying with that request. However, the choice between extradition or domestic prosecution does not mean that States must give the two alternatives the same weight. Under the CAT, extradition is an option, while prosecution is an international obligation, the violation of which engages the responsibility of the State.62......States may extradite perpetrators of CRSV🔗 Under article VII, States must not consider any of the acts listed in article III as political crimes for the purpose of extradition, and States undertake in such cases to grant extradition.57 Case study: So far, the ICJ has not been presented with a case based solely on article VII. However, in Belgium v Senegal, it had the opportunity to analyse a similar provision: article 7 of the Convention against Torture......torture, allowed its courts to adjudicate the matter and inquired into the facts.60 Under article 7 of the CAT, a State must prosecute torture, ‘irrespective of the existence of a prior request for the extradition of the suspect’. A State must make a preliminary inquiry ‘immediately from the time that the suspect is present in its territory’. The inquiry must not necessarily result in the institution of proceedings.61 If that State in whose territory the...

...likely change so as to constitute torture’.66 Extradition treaties. A conflict may arise between the obligations that States Parties have undertaken under article 3 and those they have undertaken under a multilateral or bilateral extradition treaty, especially when the treaty was concluded before the ratification of the CAT with a State which is not a Party to the CAT and, therefore, not bound by the provisions of article 3. In this case, ‘the relevant extradition treaty......in any extradition treaty between States Parties. For the purpose of extradition between States Parties, torture and ill-treatment must be treated as if they had been committed not only in the place in which they occurred, but also in the territories of the States required to prosecute such offences.241 However, if a State refuses to extradite perpetrators of torture and ill-treatment to another State,242 the former State must take measures to prosecute such offences when the......should be applied in accordance with the principle of non-refoulement’.67 States Parties to the CAT that subsequently enter into an extradition treaty should ensure that there is no conflict between the CAT and that treaty and, if there is, include a clause that, ‘in case of conflict, the Convention will prevail’.68 Diplomatic assurances. The term ‘diplomatic assurances’ refers to a formal commitment by a receiving State that a person will be treated in accordance with conditions......has been subjected to torture or duress, to actively ask the detainees about their treatment and to request a forensic examination;238 Increase the number of judges specialising ‘in sexual violence in areas where the issue is present and strengthen their capacity’;239 Ensure that criminal penalties are proportionate to the gravity of the acts committed, and that they are effectively enforced.240 Extradition to other States. Under article 8, torture and ill-treatment must be included as extraditable offences......alleged offender is present in any territory under its jurisdiction.243 Extradition to the International Criminal Court. The Committee has noted with concern bilateral agreements between States protecting one another’s nationals in their territories and refusing to transfer them to the International Criminal Court in cases concerning war crimes or crimes against humanity amounting to ill-treatment or torture. States should review the terms of such agreements.244 Independence of the judiciary. Judges’ lack of independence is an impediment when...

...given group.78 Extradition. States should make torture an extraditable offence, adopt the necessary legislation to prosecute or extradite alleged perpetrators of torture,79 and ensure that the extradition of those suspected of torture ‘take place expeditiously’.80 III.8 States must ensure access to justice for victims/survivors of CRSV🔗 Under article 7, everyone has a right to have their cause heard, which comprises the following: The right to an appeal to competent national organs against acts that violate their fundamental...

...of commission, or the victim/survivor reports the offences.123 States must make violence against women and domestic violence punishable ‘by effective, proportionate and dissuasive sanctions’. These sanctions must include, where appropriate, ‘sentences involving the deprivation of liberty which can give rise to extradition’.124 Unacceptable justifications for crimes, including crimes committed in the name of so-called “honour”. Under article 42, States may not treat ‘culture, custom, religion, tradition or so-called “honour”‘ as justification for violence against women and...