Search results for Extradition

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International Humanitarian Law

III.12 States must investigate and prosecute CRSV

States must take all measures necessary for the suppression of all acts contrary to the Geneva Conventions. Generally, States may determine the best way to fulfil this obligation, for example by instituting judicial or disciplinary proceedings for violations of the Conventions, adopting administrative or other regulatory measures, or issuing instructions to subordinates. The measures chosen depend on the gravity and the circumstances of the violation. The punishment should be proportional to its severity.

As serious violations of IHL, including CRSV, constitute war crimes in both IAC and NIAC, a stricter response is required. Individuals are criminally responsible for their commission. Accordingly, States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects. They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

III.15 States must prosecute CRSV

Under article 5(1), a State must take measures to prosecute torture or ill-treatment:

    When committed in any territory under its jurisdiction; When the alleged perpetrator is a national of that State; and/or When the victim is a national of that State.

Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention)

III.4 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.

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 (CAT), which declares that the State Party in whose territory a person alleged to have committed torture is found must prosecute the alleged perpetrator, if it does not extradite them. The International Law Commission (ILC) has found that article 7 can serve as a model for prosecute-or-extradite regimes governing prohibitions covered by peremptory norms, such as genocide.

International Humanitarian Law

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Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention)

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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

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African Union System

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Council of Europe System

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