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Journal articles on the topic 'Extradition treaties'
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1
Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.
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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.
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Alibašić, Mirsen. "The position of the defense counsel in extradition proceedings in the Republic of Serbia." Glasnik Advokatske komore Vojvodine 95, no. 2 (2023): 643–88. http://dx.doi.org/10.5937/gakv95-39449.
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Extradition or delivery of a person who is accused or convicted is a legal process that enables the conduct of criminal proceedings and the execution of criminal sanctions against them in another country. Given that the process of extraditing the accused or convicted is regulated by law, the question of the position of the defense counsel in this process arises. By applying the normative method in this paper, through the analysis of statutory provisions and provisions of international treaties, the position of the defense counsel in extradition proceedings in the Republic of Serbia has been systematically presented, that is, their rights, duties, and powers at every stage of these proceedings with a critical overview of certain legal solutions. Furthermore, international standards related to the role and activities of the Committee against Torture and the European Court of Human Rights regarding the regulation and implementation of extradition proceedings and the position of the defense counsel in these proceedings are presented.
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Rahmiati, Rahmiati, Rahmad Sujud Hidayat, Mohamad Safrin, and Juandi Juandi. "Implication Extradisi, Mutual Legal Assistance (UNODC) Dikaitkan Teori Pidana, Perjanjian Internasional." Wajah Hukum 7, no. 1 (April 5, 2023): 141. http://dx.doi.org/10.33087/wjh.v7i1.1192.
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Extradition agreements based on the international resolution A/RES/45/166 68th Plenary meeting on 14 December 1990 in conjunction with A/RES/52/88 70th Plenary meeting on December 12, 1997 for making extradition treaties and mutual legal assistance internationally.This propose the problem identification as follows: 1. What are the important articles suggested in the extradition treaty and mutual legal assistance related to criminal theory and international treaties. 2. How is the application and implementation of the extradition and mutual legal assistance based on the national and regional especially In Indonesia.This research conducted is analytical descriptive. Here is the research results, as follows: 1.) Important articles suggested in the extradition treaty are the principle of nebis in idem, the principle of multiple crimes and the diplomatic principle and the mutual legal assistance is the principle of agreement, the principle of reciprocity, the principle of equality of crimes, the principle of territoriality and the principle of surrendering the perpetrators of political crimes. 2) The implementation of extradition treaty model and the mutual legal assistance from the national and regional legal aspects. Based on the regional aspect, Indonesia is the most active country in realizing a cooperation within an agreement.
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Zheng, Zhichao, and Yihan Lu. "Research on International Police Cooperation from the Perspective of Game Theory — Take Extradition Cooperation as an Example." Journal of Research in Social Science and Humanities 3, no. 4 (April 2024): 55–60. http://dx.doi.org/10.56397/jrssh.2024.04.10.
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The article analyzes extradition cooperation in international police cooperation from the perspective of game theory, and discusses the supervision mechanism, responsibility mechanism and interest mechanism of extradition cooperation based on “collaborative game”, “coordination game” and “guarantee game”. It proposed optimization paths such as accelerating the signing of treaties, expanding the scope of application, simplifying extradition procedures, using alternative measures, and relying on international organizations, in order to help my country improve its extradition mechanism and strengthen the effectiveness of overseas pursuit of fugitives.
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Mokoena, Untalimile Crystal Nyathi, and Emma Charlene Lubaale. "Extradition in the absence of state agreements: Provisions in international treaties on extradition." South African Crime Quarterly, no. 67 (May 15, 2019): 31–42. http://dx.doi.org/10.17159/2413-3108/2019/v0n67a4927.
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By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?
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Mokoena, Untalimile Crystal Nyathi, and Emma Charlene Lubaale. "Extradition in the absence of state agreements: Provisions in international treaties on extradition." South African Crime Quarterly, no. 67 (May 15, 2019): 31–42. http://dx.doi.org/10.17159/2413-3108/2019/i67a4927.
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By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?
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Nash, Marian. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 86, no. 3 (July 1992): 547–52. http://dx.doi.org/10.2307/2203968.
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The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.Alan J. Kreczko, Deputy Legal Adviser of the Department of State, appeared before the Senate Committee on Foreign Relations on April 8, 1992, to testify in support of various pending treaties, among them four extradition treaties: the Extradition Treaty between the Government of the United States of America and the Government of the Commonwealth of The Bahamas, signed at Nassau on March 9, 1990; the Protocol Amending the Treaty on Extradition between the United States of America and Australia, signed on September 4, 1990, at Seoul, Republic of Korea (where the Asia-Pacific Attorneys General Conference was being held); the Supplementary Treaty to the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition, signed at Washington on October 21, 1986; and the Second Supplementary Treaty on Extradition between the United States and Spain, signed at Madrid on February 9, 1988.
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Kantur, Ruslan A. "Extradition clauses in multilateral international treaties: international legal aspects." Russian Journal of Legal Studies (Moscow) 7, no. 2 (November 2, 2020): 78–83. http://dx.doi.org/10.17816/rjls34051.
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The article focuses upon the legal sense of extradition clauses in multilateral criminal law treaties. The methodology of the article embraces both general methods, such as analysis and synthesis, and specific ones, such as comparative, statistical, and linguistic methods. A multi-pronged evaluation of the clause is performed, with particular scrutiny given to the different kinds of authentic English- and Russian-language wording intrinsic to this type of treaty. Such clauses are prone to have a direct effect and are subject to implementation by state parties to an international treaty, along with its substantive norms. In some cases, an extradition clause is considered a substitute for a special extradition treaty, notwithstanding the deficiency of the presumption of inclusion of crimes criminalized by the conventions in bilateral extradition treaties. Irrespective of the salient virtues inherent in such clauses (for instance, the absence of the necessity to elaborate and conclude a special extradition treaty; the procurement of enforcing substantive norms; the existence of legal mechanisms provided for in such conventions by dint of which state parties are entitled to resort to international judicial organs, in case of any dispute concerning the application or interpretation of a treaty), the shortcomings, among which are a narrow range of crimes to which the clause relates, and a set of legal hindrances connected with the implementation process, are unequivocal.
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Terkelsen, Ole. "Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser." Nordisk Tidsskrift for Kriminalvidenskab 104, no. 3 (November 26, 2017): 289–317. http://dx.doi.org/10.7146/ntfk.v104i3.115051.
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This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.
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Abdullozoda, Parviz S. "Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 787–803. http://dx.doi.org/10.21638/spbu14.2022.313.
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The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.
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Nkhata, Mwiza Jo. "The Malawi-Rwanda Extradition Treaty of February 2017: An Arrangement of Convenience or a Convenience of Arrangement?" International Criminal Law Review 17, no. 5 (October 15, 2017): 844–78. http://dx.doi.org/10.1163/15718123-01751359.
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In February 2017, Malawi and Rwanda entered into a bilateral extradition treaty (the Treaty). The Treaty solemnizes the agreement between Malawi and Rwanda for the reciprocal extradition of offenders. While the Treaty looks akin to many generic bilateral extradition treaties, close scrutiny reveals that there are several key issues that the drafters may have overlooked or paid insufficient attention to. This article is an evaluation of some of the issues that the Treaty raises. The article begins by establishing the broad historical and social context within which the Treaty must be understood. Thereafter the article explores extradition in international law paying particular focus to highlight the key elements of extradition. A summary of the Treaty is then provided together with a discussion of the Malawian law pertaining to extradition. The article concludes by highlighting some of the key issues which the Treaty has not addressed satisfactorily.
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Poshtdarbandi, Mohammadreza Moradi. "The Extradition, between Iran Rights and International Rights, According to Palermo Convention." Asian Social Science 12, no. 12 (October 28, 2016): 101. http://dx.doi.org/10.5539/ass.v12n12p101.
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Extradition is a process which requires international judicial cooperation and its successful implementation will be the guarantor of justice and prevent impunity and escape the Probable criminals and suspects to countries far away from the crime scene. In the last two centuries globally in many countries have enacted expanded domestic law in the area of extradition to many extradition treaties and international conventions in this field has joined. Palermo Convention, including the most recent documents that contain comprehensive provisions on extradition and numerous countries has come to join in. In Iran in 1960 Legislator comprehensive and modern law in the area of extradition imposed And many international laws in this area has been invoked and respected. So, we gathered to view the article Ferraro circuit analysis on the world of law and the Palermo Convention and international law in the field of extradition elaborated on. The present article deals with these issues on two separate levels.
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(Leich), Marian Nash. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 91, no. 3 (July 1997): 493–517. http://dx.doi.org/10.2307/2954186.
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On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.
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Eric, Adishi,, and Oluka, Nduka Lucas. "The Role of Extradition Treaties in Crime Management and Combating Terrorism." International Journal of Trend in Scientific Research and Development Volume-2, Issue-2 (February 28, 2018): 590–98. http://dx.doi.org/10.31142/ijtsrd9475.
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Rona Sahati, Nabella, and Kodrat Alam. "PERJANJIAN EKSTRADISI DALAM PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA." Yustitia 6, no. 2 (December 4, 2020): 180–200. http://dx.doi.org/10.31943/yustitia.v6i2.123.
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Extradition Agreeament (treaty) provides facilities for countries that have an agreement, where the agreement is to act against, arrest and prosecute criminals in a country who have fled to another country outside national jurisdiction. The presence of the perpetrator in another country is to avoid attempts to arrest him in connection with the crime he has committed in the country of origin. So by running out of the country, this means that there are other countries whose interests are harmed because they cannot arrest the perpetrator, in which the perpetrator has committed a violation of the law based on the location where the crime was committed (locus delicti). One of them is that the criminal case of corruption is considered a threat of extraordinary crime that harms all people in the world, in upholding the law of corruption in which the perpetrator has fled abroad so that he feels safe and free from a crime he has committed. So extradition is very necessary for the perpetrators of corruption who have fled to other countries. From the background that has been explained, the following problems can be made inventory, namely 1) what is the position of the extradition agreement in international law related to criminal acts of corruption and 2) how is the implementation of extradition agreements against perpetrators of corruption in Indonesia. This study uses a normative juridical research method, namely legal research that refers to legal norms contained in statutory regulations with descriptive analytical research specifications with the aim of obtaining an overview of the application of extradition agreements to perpetrators of corruption in Indonesia based on Law Number 1 of 1979 of Extradition. The results in this research have shown that indeed there have been regulations regarding extradition treaties but it has been long enough and it is necessary to have regulatory reforms according to existing needs, furthermore it is necessary to improve diplomatic relations because law enforcement of criminal acts of corruption which involves cooperation between two countries is not only achieved through extradition treaties, but also good diplomatic relations.
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Krcmaric, Daniel. "Nowhere to Hide? Global Policing and the Politics of Extradition." International Security 47, no. 2 (2022): 7–47. http://dx.doi.org/10.1162/isec_a_00444.
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Abstract Global policing efforts go far beyond combatting terrorism. The United States has tracked down war criminals in the former Yugoslavia, prosecuted Mexican drug kingpins in U.S. courts, transferred a Congolese warlord to the International Criminal Court, and even invaded foreign countries to apprehend wanted suspects. Likewise, Chinese police and intelligence forces crisscross the globe engaging in surveillance, abductions, and forced repatriations. But global policing activities are hard to study because they tend to occur “in the shadows.” Extradition treaties—agreements that facilitate the formal surrender of wanted fugitives from one country to another—represent a unique part of the global policing architecture that is directly observable. An original dataset of every extradition treaty that the United States has signed since its independence shows that extradition cooperation is not an automatic response to the globalization of crime. Instead, it is an extension of geopolitical competition. Geopolitical concerns are crucial because many states try to weaponize extradition treaties to target their political opponents living abroad, not just common criminals. Future research should reconceptualize the role of individuals in international security because many governments believe that a single person—whether a dissident, a rebel, or a terrorist—can imperil their national security.
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Dugard, John, and Christine Van den Wyngaert. "Reconciling Extradition with Human Rights." American Journal of International Law 92, no. 2 (April 1998): 187–212. http://dx.doi.org/10.2307/2998029.
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The human rights movement, which has had such a powerful impact on international law and relations in the post—World War II period, has in recent years turned its attention to extradition. Treaties, executive acts and judicial decisions on extradition have all been affected. At the same time, transnational and international crime has increased. The international community has responded by creating new institutions and expanding the network of bilateral and multilateral treaties designed to outlaw transnational crime, promote extradition, and authorize mutual assistance. Inevitably, there is a tension between the claim for the inclusion of human rights in the extradition process and the demand for more effective international cooperation in the suppression of crime, which resembles the tension in many national legal systems between the “law and order” and human rights approaches to criminal justice. As in domestic society, it is necessary to strike a balance between the two so as to establish a system in which crime is suppressed and human rights are respected. This was stressed by the European Court of Human Rights in the leading case on extradition and human rights, Soering v. United Kingdom, when it stated: [I]nherent in the whole of the [European] Convention [on Human Rights] is a search for a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights. As movement about the world becomes easier and crime takes on a larger international dimension, it is increasingly in the interests of all nations that suspected offenders who flee abroad should be brought to justice. Conversely, the establishment of safe havens for fugitives would not only result in danger for the State obliged to harbour the protected person but also tend to undermine the foundations of extradition. These considerations must also be included among the factors to be taken into account in the interpretation and application of the notions of inhuman and degrading treatment or punishment in extradition cases.
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Davidson, Scott, David Freestone, Vaughan Lowe, and Colin Warbrick. "Treaties, Extradition and Diplomatic Immunity: Some Recent Developments." International and Comparative Law Quarterly 35, no. 2 (April 1986): 425–36. http://dx.doi.org/10.1093/iclqaj/35.2.425.
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Sindhu Gautama, I. Nyoman. "Pemberatasan Kejahatan Internasional berdasarkan Mutual Legal Assistance Treaties (MLATs)." Jurnal Aktual Justice 4, no. 1 (June 10, 2019): 54–65. http://dx.doi.org/10.47329/aktualjustice.v4i1.474.
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The form of cooperation between countries in the practice of customary international law can be done through Mutual Legal Assistance Treaties (MLATs). This form of cooperation appears in the practice of eradicating international crimes, which are transnational or international crimes as an act of implementing other agreements, which have been carried out among the countries involved in it. Law enforcement efforts against international crimes can be carried out through extradition treaties. Apart from that, other international agreements, both bilateral and multilateral, or mutual legal assistance treaty or judicial assistance treaty between two or more countries. Mutual Legal Assistance Treaties (MLATs) also emerged because the eradication of crime was not sufficiently enforced by extradition agreements. More and more forms of Mutual Legal Assistance Treaties (MLATs) have been agreed upon, for example the United Nations Convention Against Corruption in 2003, the United Nations Conventions Against Transnational Organized Crime in 2000. Whereas at the ASEAN Regional level, the Treaty Mutual Legal Assistance in Criminal Matters in 2004. If this is well developed, especially in the State of Indonesia, then efforts and implementation in resolving these transnational problems can be overcome.
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Adzhba, Diana D. "Legal Consequences of Dual and Multiple Nationality: Practice of International Legal Regulation." Pravosudie / Justice 5, no. 3 (September 29, 2023): 154–70. http://dx.doi.org/10.37399/2686-9241.2023.3.154-170.
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Introduction. The article dwells on the international legal cooperation on resolution of the consequences of dual and multiple nationality concerning extradition of bi- and polypatrids, resolution of investment disputes with their participation and provision of diplomatic protection. Theoretical Basis. Methods. The theoretical basis of the present study was based on doctrinal and legal sources, as well as legal precedents in the field of extradition of persons with dual and multiple nationality, resolution of investment disputes, and diplomatic protection. Formal-legal, comparative-legal, historical, and predictive methods were used in the research. Results. Dual and multiple nationality appear more and more widespread phenomena which is caused by the tendencies of modern interstate communication. In the absence of effective international legal regulation, in particular treaty regulation, a large number of disputes arises in connection with the legal status of bi- and polypatrids, among which the most urgent are those in the field of extradition, resolution of investment disputes and provision of diplomatic protection. The well-established approach in the area of bi- and polipatrizm implies the application of the principle of “effective nationality” in cases involving such persons. Discussion and Conclusion. The admissibility and conditions for application of effective nationality principle are frequently not stipulated in the international treaties (on extradition, on protection of investments, on dual nationality), therefore it seems advisable to supplement this kind of treaties with appropriate provisions on the procedure of effective nationality principle application.
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Cherepanov, Maksim Mukhtarzhanovich. "On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list." Международное право, no. 3 (March 2021): 51–63. http://dx.doi.org/10.25136/2644-5514.2021.3.36132.
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The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.
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Ismail Adua, Mustapha, and Nik Salida Suhaila Nik Saleh. "AUT DEDERE AS ERGA OMNES TO SUPPRESS CIVIL AVIATION CRIMES UNDER THE INTERNATIONAL CIVIL AVIATION LAW: THE ISLAMIC PERSPECTIVE." Malaysian Journal of Syariah and Law 12, no. 1 (April 8, 2024): 77–90. http://dx.doi.org/10.33102/mjsl.vol12no1.537.
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Aut dedere (extradition) is an erga omnes obligation towards the international community aimed at closing the gate of safe haven so that the international criminal will face the consequence of his heinous act directed at the international community from the requesting state. The term aut dedere has not been used in conventions or treaties until the eighteenth century. This paper examines the necessity of integrating the doctrine of 'aut dedere' (extradition) into International Aviation Conventions to combat civil aviation offenses and seeks to explore its treatment under Islamic law, and the potential for punishment for refusal to extradite offenders. Through doctrinal legal research, the paper reveals that while aut dedere is obligatory under conventional law, it lacks enforceability without associated punishments. Conversely, extradition under Islamic law is deemed mandatory due to its universal nature. The paper underscores the relevance of Islamic jurisprudence in modern international legal frameworks and recommends amendments to International Civil Aviation Organization conventions to enforce extradition provisions and recognize civil aviation crimes as international offences, consistent with Islamic legal principles.
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Lonner, Jonathan A. "Official Government Abductions in the Presence of Extradition Treaties." Journal of Criminal Law and Criminology (1973-) 83, no. 4 (1993): 998. http://dx.doi.org/10.2307/1143879.
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Mohas, Muhyi Mohas, Belardo Prasetya Mega Jaya, Mohamad Fasyehhudin, and Arizon Mega Jaya. "The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad." Jurnal Dinamika Hukum 21, no. 3 (March 28, 2022): 432. http://dx.doi.org/10.20884/1.jdh.2021.21.3.2882.
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Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords: international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.
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Elchaninov, Andrey P. "PECULIARITIES OF THE LEGAL REGULATION OF THE INSTITUTION OF EXTRADITION OF AN INDIVIDUAL FOR CRIMINAL PROSECUTION OR SENTENCE EXECUTION IN THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY." International criminal law and international justice 2 (February 11, 2021): 30–32. http://dx.doi.org/10.18572/2071-1190-2021-2-30-32.
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Тhe article examines the main provisions of the Russian legislation and international treaties of the Russian Empire in the second half of the XIX century, govern the extradition of persons who committed crimes on the territory of Russia for their conviction in a state, which citizens they are, and also Russian citizens who have committed crimes in foreign countries, to condemn them in Russia. The use of the historical-comparative method allowed the author to conclude that the main provisions of the extradition of criminals to foreign countries, formulated by domestic lawyers in the second half of the XIX century, served as the basis for the development of this legal institution in modern Russia.
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Zavydniak, I. O. "ESTABLISHMENT AND DEVELOPMENT OF LEGAL REGULATION OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE." Actual problems of native jurisprudence 5, no. 5 (October 2021): 81–86. http://dx.doi.org/10.15421/392203.
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The article examines the problems of the formation and development of the main institutions of international cooperation in the field of criminal procedure. The doctrinal approaches and norms of the first international treaties in this area are analyzed. The first institutions and directions of international cooperation in the field of criminal procedure are outlined, their specificity and features are revealed. It is noted that the first legal institution in the field of international cooperation, which later became directly related to the sphere of criminal procedure, was the institution of extradition (this institution, throughout its history, has been and remains a system consisting of several procedures by which one sovereign issues another sovereign a person (criminal) who has committed a crime and is wanted). Attention is focused on the fact that from ancient times until the end of the seventeenth century, extradition was not an institution of international law, let alone a criminal process. The vast majority of extradition cases were caused by political or religious circumstances, but not by the need for mutual assistance in the framework of the criminal process. Therefore, most of the known treaties of this period provided for the extradition of exclusively political and religious criminals or defectors. It is noted that similar tendencies of the institution of extradition were characteristic in the territory of Ukraine. An outstanding role in the formation of the foundations of international cooperation in the territory of Kууivs’ka Rus’ was played by «Russian Truth», which contained the norms of criminal, inheritance, commercial and procedural legislation. It was determined that from the 17th century the first scientific comments and principles of international cooperation in the fight against crime began to appear, and the foundation was laid for the formation in the doctrine of international law of the concept, which is defined in our time as the commission of criminal prosecution at the request of a foreign state. The periodization of international cooperation in the field of criminal procedure has been developed, namely, six historical periods have been identified, each of which has its own type of legal regulation.
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Corbett, William H. "The 125 year history of Canada's extradition statutes and treaties." Commonwealth Law Bulletin 28, no. 1 (January 2002): 497–546. http://dx.doi.org/10.1080/03050718.2002.9986616.
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Hu, Tianyou, Shu Yu, and Andrew Delios. "Extradition treaties and emerging market firms’ host country location choice✰." Journal of World Business 59, no. 4 (June 2024): 101542. http://dx.doi.org/10.1016/j.jwb.2024.101542.
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Yin, Yanhong, and Irene Wieczorek. "What model for extradition between Hong Kong and mainland China? A comparison between the 2019 (withdrawn) amendment to Hong Kong extradition law and the European Arrest Warrant." New Journal of European Criminal Law 11, no. 4 (December 2020): 504–23. http://dx.doi.org/10.1177/2032284420972190.
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This article provides an analysis of the bill proposed in 2019 to amend Hong Kong Fugitive Offenders Ordinance (FOO), Hong Kong domestic legislation on extradition. The FOO Amendment Bill introduced the possibility of, and detailed the conditions for, surrendering fugitives from Hong Kong to other regions of the People’s Republic of China (PRC), among which, controversially, mainland China. After multiple protests, the proposal was withdrawn. It nonetheless represents the first attempt of introducing a legal basis for extradition between Hong Kong and mainland China, and it is thus deserving of close scrutiny. The article describes the unique constitutional setting in which this amendment was proposed, Hong Kong and mainland China being two regions of the same sovereign country which have two radically different legal systems under the ‘One Country, Two Systems’ principle. It compares the proposed system for extradition between these two regions with the rules regulating extradition between Hong Kong and third states, and with international systems for surrender, including the European Arrest Warrant and the UN Model Extradition Treaty. It shows that the FOO Amendment Bill would have put in place a surrender system in some respects less advanced and subject to more obstacles than standard international extradition Treaties and than the system regulating extradition between Hong Kong and third countries. This is the case, for instance, for the rules on penalty thresholds and on double criminality. Conversely, in other respects, it would have been even more advanced (and with fewer obstacles) than the European Arrest Warrant, one of the most advanced systems of international surrender. This is notably the case for the rules regulating extradition of Hong Kong residents to other parts of the PRC. These latter were, however, among the more controversial aspects of the proposal. The article also discusses the challenges that reintroducing a similar proposal would face in the future, including in light of current political and legal developments – notably the Standing Committee of the National People’s Congress’s July 2020 adoption of the ‘Hong Kong National Security Law’. It suggests that one avenue to smoothen surrender proceedings between Hong Kong and mainland China would be taking a procedural rather than a substantive approach, namely by increasing the role of courts and decreasing the role of executive bodies in the extradition procedures.
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Gardocka, Teresa. "Przesłanki ekstradycyjne w prawie polskim." Studia Prawnicze / The Legal Studies, no. 2 (60) (April 30, 2023): 67–106. http://dx.doi.org/10.37232/sp.1979.2.3.
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The article ennumerates extradition prerequisites provided for by the Polish law in force. In extradition law there are two points of reference: interior extradition law (the provisions of the code of penal proceedings and the Article 118 of the penal code) and international agreements, which distinctly fall into two groups: those signed before and after the Second World War (with socialist countries). Both types of regulations are mutually exclusive: the agreement between the states excludes the application of interior law with regard to matters covered by the provisions of the former. This indicates firstly that interior regulations settle the questions not provided for by an agreement, secondly, that the interior law can serve as sufficient grounds for extradition if it is impossible by virtue of an international agreement.The Polish law of extradition embraces the following prerequisites: the extraditable nature of offences, amenability to punishment of an act in the claiming country and the one summoned to extradite, appropriate age level of a fugitive (provided by the agreement), admissibility of prosecution (the existence of premises to take action) in the countries concerned,, necessity to substantiate a charge (in Poland explicitly provided so only in the treaties signed with the USA and Great Britain), the offence is not of political nature (this prerequisite does not appear in agreements signed with the socialist countries), the extraditable is not of Polish nationality or has not been granted political asylum, an offence has not been committed in the territory of the Polish People’s Republic.The extradition prerequisites may be of either absolute (the ascertainment makes extradition impossible) or relative nature (can be referred to as grounds for a claim to be rejected). According to the provisions of the code of penal proceedings only Polish nationality or asylum granted by the Polish People’s Republic are distinctly the impedements of absolute nature. In the article an opinion has been expressed that since the Article 11 of the code of penal proceedings does not provide the prerequisites of legal process, then extradition is inadmissible. In the agreements signed by Poland the greater number of premises are of absolute nature, i.e. they concern an obligatory extradition first of all.Moreover the premises may be removable (by the action of the summoned state) or not. In Polish jurisdiction the removable ones comprise: the impedement of nationality (when it was obtained otherwise them by birth) and territorial asylum (in author’s opinion — under all circumstances).
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Konstadinides, Theodore. "The Perils of the ‘Europeanisation’ of Extradition Procedures in the EU Mutuality, Fundamental Rights and Constitutional Guarantees." Maastricht Journal of European and Comparative Law 14, no. 2 (June 2007): 179–200. http://dx.doi.org/10.1177/1023263x0701400204.
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This article focuses on the main problems regarding the current application of EU extradition procedures in relation to the area of judicial cooperation in criminal matters. It introduces the ‘Europeanisation’ of extradition procedures through a discussion based on the continuity of the principle of mutual recognition from the EC Treaties to the EU Constitutional Treaty. The latest manifestation of this continuity is the introduction of the European Arrest Warrant (adopted on 13 June 2002) that is aimed at simplifying the extradition procedures for suspected criminals within the territory of the European Union by creating a positive list of criminal areas. The author discusses the innovations introduced by the Framework Decision on the European Arrest Warrant (abolition of the test of dual criminality) and then focuses on two main problem areas based on the reaction of certain Member States: i) the compatibility with constitutional guarantees, where the author focuses on the eagerness of the national courts to contest the constitutionality of the EU Arrest Warrant implementation laws for authorising the extradition of their own nationals; ii) the compatibility with Human Rights, where the author argues that the principle of mutual recognition is not adequate for adjudicating interstate criminal cases when it operates in isolation. The article then focuses upon the balance between procedural efficiency and civil liberties and proposes certain procedural and institutional checks that would assist in moving from the current embryonic stage of EU criminal law to its adolescence.
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Шаталов, А. С. "Fulfillment of obligations prescribed by national legislation and international treaties when deciding on extradition of persons for criminal prosecution or sentence execution." Penitentiary Science 17, no. 3(63) (September 29, 2023): 273–81. http://dx.doi.org/10.46741/2686-9764.2023.63.3.005.
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Введение: в статье анализируются наиболее важные процессуальные аспекты выдачи лиц для уголовного преследования или исполнения приговора как отдельно взятого направления международного сотрудничества в сфере уголовного судопроизводства. Автор в своих рас- суждениях исходит из того, что процедура выдачи – это комплекс взаимосвязанных, последовательно сменяющих друг друга процессуальных действий, которые начинаются с момента фактического задержания по инициативе запрашиваемого государства лица, находящегося в международном розыске, и официального сообщения об этом с предложением о направлении в Российскую Федеpaцию запроса о его выдаче. Аналогичный запрос, но уже из самой Российской Федеpaции направляется ее компетентными органами в случае наличия у запрашиваемого лица российского гражданства или отсутствия гражданства государства, на территории которого это лицо находится. Вместе с тем он может быть направлен и тогда, когда запрашиваемое лицо является гражданином третьей страны или апатридом. Цель: исследовать аспекты функционирования института экстрадиции лиц, совершивших преступление, предложить возможные варианты решения проблемных вопросов. Методы: методологическую базу исследования составили общенаучные методы познания, включающие принципы объективности, системности, индукции, дедукции и др., а также частно-научные методы: описательный, лингвистический, сравнительно-правовой. Результаты: рассмотрев процессуальный порядок производства процессуальных процедур, вызванных направлением запроса, автор приходит к выводу, что основная задача выдачи правонарушителей заключается в обеспечении неотвратимости назначенного судом наказания и социальной реабилитации осужденных. При этом важно, чтобы уголовное преследование или приведение приговора в исполнение в отношении их осуществлялось в соответствии с международным правом и внутренним законодательством запрашивающего государства. Выводы: основным препятствием для полноценного функционирования института экстрадиции является отсутствие ответственности государств за невыполнение требований об экстрадиции запрашиваемых лиц и создание искусственных ограничений при решении этих вопросов. Предлагается авторское видение пути решения этой проблемы. Introduction: the article analyzes the most important procedural aspects of extradition of persons for criminal prosecution or execution of a sentence as a separate area of international cooperation in the field of criminal justice. The author proceeds from the fact that the extradition procedure is a complex of interrelated, successive procedural actions that begin from the moment of actual detention of a person who is on the international wanted list on the initiative of the requested state and an official notification about it, with a proposal to send a request for his/her extradition to the Russian Federation. A similar request, but already on the part of the Russian Federation, is sent by its competent authorities if the requested person has Russian citizenship or does not have citizenship of the state on whose territory this person is located. However, it can also be sent when the requested person is a citizen of a third country or stateless. Purpose: to study aspects of the functioning of the institution of extradition of offenders and to propose possible solutions to problematic issues. Methods: the methodological basis of the research is made up of general scientific methods of cognition, including the principle of objectivity, consistency, induction, deduction, etc. as well as private scientific methods: descriptive, linguistic, comparative legal. Results: having considered the procedure for request forwarding, the author comes to the conclusion that the main task of extradition of offenders is to ensure inevitability of the punishment imposed by the court and social rehabilitation of convicts. At the same time, it is important that criminal prosecution or enforcement of a sentence against them are carried out in accordance with international law and domestic legislation of the requesting state. Conclusion: the key obstacle to full-fledged functioning of the institute of extradition is the lack of state responsibility for non-compliance with the requirements for extradition of the wanted persons and creation of artificial restrictions in solving these issues. The author’s vision of the way to solve this problem is proposed.
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Mansouri, Nazanin, and Khaled Goher. "Walking Aids for Older Adults: Review of End-User Needs." Asian Social Science 12, no. 12 (October 28, 2016): 109. http://dx.doi.org/10.5539/ass.v12n12p109.
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Aged population of senior citizens is growing noticeably at different regions in the world. Consequently, there are great numbers of demands for healthcare services. One of the services is assistive walking devices which have important role in mobility, stability, walking, and independency of older adults. Although various type of walking devices are available for older adults, yet fall incidents with severe injuries take place. Therefore, it is critical to analyze fall incidents, find out fall factors, and assess walking devices to minimize fall. This paper mainly focuses on risk factors of fall, considerable role of Information and Communication Technology (ICT) in walking devices, and also analyzes fall incidents with the purpose of understanding how fall incidents take place. This paper assists to have a clear understanding about fall incidents and its associated injuries.peration and its successful implementation will be the guarantor of justice and prevent impunity and escape the Probable criminals and suspects to countries far away from the crime scene. In the last two centuries globally in many countries have enacted expanded domestic law in the area of extradition to many extradition treaties and international conventions in this field has joined. Palermo Convention, including the most recent documents that contain comprehensive provisions on extradition and numerous countries has come to join in. In Iran in 1960 Legislator comprehensive and modern law in the area of extradition imposed And many international laws in this area has been invoked and respected. So, we gathered to view the article Ferraro circuit analysis on the world of law and the Palermo Convention and international law in the field of extradition elaborated on. The present article deals with these issues on two separate levels.
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Top, Sibel. "Prosecuting political dissent: Discussing the relevance of the political offence exception in EU extradition law in light of the Catalan independence crisis." New Journal of European Criminal Law 12, no. 2 (April 27, 2021): 107–27. http://dx.doi.org/10.1177/20322844211004762.
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Most extradition treaties contain a political offence exception clause, which precludes extradition from taking place when the concerned crime is considered to be political by the requested state. This clause has been abolished within the European Union (EU), where mutual trust prevails among Member States, allegedly rendering such safeguards obsolete. This article, however, seeks to question the commonly agreed outdatedness of the political offence exception clause within the EU framework, looking at the context of its abolition, the role Spanish authorities played in it at the time of its abolition, the way they have handled the Catalan crisis since 2017 and the exportation of the latter at the EU level. It argues that the situation in which Catalan exiles are today casts doubt over the obsolescence of safeguards such as the political offence exception and further contends that human and political rights safeguard mechanisms should not be perceived as hampering mutual trust and judicial cooperation in criminal matters in the EU.
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Deen-Racsmány, Zsuzsanna. "Modernizing the Nationality Exception: Is the Non-extradition of Residents a Better Rule?" Nordic Journal of International Law 75, no. 1 (2006): 29–61. http://dx.doi.org/10.1163/157181006778530830.
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AbstractThe equation of residents with nationals as recently envisaged under the European Arrest Warrant is – at least on paper – no novelty in international extradition. In addition, its predicted positive influence on the chances of rehabilitation of offenders provides strong moral-theoretical support for further modernizing the nonextradition of nationals in this manner. Yet, before this solution can be followed – explicitly or by implication – in other contexts, it must be considered whether international law permits states to expand the nationality exception commonly provided for in extradition treaties in this manner.The author assumes this task. She first reviews international precedents in search of a rule of customary international law on the extension of this exemption to residents. Subsequently, she identifies the norms of international law against which the limits of such a new rule must be set. She concludes with suggestions for appropriate ways to modernize the nationality exception along the lines of the rehabilitation argument.
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Crook, John R. "Senate Foreign Relations Committee Documents Self-Executing Character of New Extradition Treaties." American Journal of International Law 104, no. 1 (January 2010): 100–101. http://dx.doi.org/10.5305/amerjintelaw.104.1.0100.
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Ginsburgs, George. "Extradition in the USSR’s Treaties on Legal Assistance with Non-“Socialist” States." Canadian Yearbook of international Law/Annuaire canadien de droit international 29 (1992): 92–141. http://dx.doi.org/10.1017/s0069005800004434.
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Norros, Merja. "What's New in Legal Cooperation in Criminal Matters with Russia since 2004?" Review of Central and East European Law 36, no. 2 (2011): 91–125. http://dx.doi.org/10.1163/092598811x12960354394849.
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AbstractThe present article examines what has happened in Russia in the field of legal cooperation in criminal matters since 2004. The retrospective approach has been chosen in order to update the article published in this Review in 2004 which included several recommendations for Russia to improve its system for international cooperation. The current work subjects these recommendations and developments in the area to a critical review. Since 2004, there have been no major innovations in Russian legislation regarding legal cooperation in criminal matters. Interestingly enough, Russia took a misstep, when it abolished the concept of confiscation in criminal law. The resolution of this experiment indicates that there has been some degree of improvement in the procedure concerning implementation of new treaties. As regards extradition cases, several difficulties were foreseen already in 2004 and, indeed, some of them have been realized—in particular, concerning those Russian requests for extradition that have political connotations. When it comes to institutional structures, the number of "Central Authorities" has not been reduced. The system is still highly centralized in Moscow. On the basis of the author's experience, the knowledge of international treaties and their application—to some extent—has increased among Russian practitioners. The author suggests continuing cooperation with Russia in various international fora as well as on a daily basis in handling concrete cross-border cases. In her opinion, legal assistance in criminal matters is a fairly narrow field of expertise and, therefore, a challenging "form of art" for any person involved.
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Watney, Murdoch. "A South African perspective on mutual legal assistance and extradition in a globalized world." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 291. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2489.
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This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime) is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state) to apply to another state (requested state) for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the demands of sophisticated international criminal conduct. Mutual legal assistance and extradition provisions may show that the world is becoming smaller for fugitives and criminals, but the processes are far from expeditious and seamless. An overview of the South African law pertaining to mutual legal assistance and extradition indicates that the South African legislative framework and policies as well as international treaties make sufficient provision to render international assistance in respect of mutual legal assistance and extradition. The role of the courts in upholding the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of the important function that the judiciary fulfills in this regard. It is important that extradition is not only seen as the function of the executive as it also involves the judiciary. It appears that South Africa has displayed the necessary commitment to normalize its international position since 1994 and to fulfill its obligations in a globalized world by reaching across borders in an attempt to address international criminal conduct.
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Mujuzi, Jamil Ddamulira. "Non-refoulement Principle and Its Application to Refugees and Asylum Seekers Who Have Committed Offences in Africa." International Human Rights Law Review 9, no. 2 (October 24, 2020): 213–51. http://dx.doi.org/10.1163/22131035-00902004.
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Abstract The 1951 Convention Relating to the Status of Refugees and the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa have been ratified by many African States. These treaties deal with, inter alia, the principle of non-refoulement generally and the protection of asylum seekers or refugees convicted of offences. Some States in Eastern and Southern Africa have also enacted domestic legislation giving effect to these treaties and the principle of non-refoulement is provided for in most of these pieces of legislation, albeit sometimes in different ways. This article assesses legislation and case law from Eastern and Southern African States to demonstrate how courts have dealt with the principle of non-refoulement in the context of refugees and/or asylum seekers who have been convicted of offences. It also considers relevant legislation and case law prohibiting extradition if there are grounds to believe that the extradited person could be subjected to torture in a receiving State.
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Hrytskiv, A. V. "Extradition models within the framework of international cooperation of states in criminal cases." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 372–78. http://dx.doi.org/10.33663/2524-017x-2022-13-59.
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The article examines the basic models of extradition within the framework of international cooperation of states in criminal cases. It is emphasized that modern models of issuing persons in criminal cases that develop and expand within international organizations are distinguished. Adoption by international organizations of conventions as multilateral international treaties has a key role in the legal regulation of issues of issuance of persons and the formation of new models. The following models include: Universal Model Issuance within the UN, Model of the Institute of Issuance within the Council of Europe, Model of the Institute for Issuance under the European Union. The article describes the last model. It was noted that before the formation of the European Union in 1993, 28 Member States relied on the European Convention on the Issuance of Persons in 1957 and most European countries implemented the rules of this Convention. Therefore, some other international legal acts were adopted within the framework of this international organization. For example, the Council of Europe Framework on the European Arrest Order and the procedures for transferring offenders between Member States of 13 June 2002, which defines new directions of development of the Institute for the Issuance of Persons. Its feature is the accelerated process and the maximum possibility of issuing persons. It is this model that is now more in demand and new. It is concluded that each state retains its identity in the regulation of issues of issuing persons who assist in the formation of a national model of issuing persons in the framework of international cooperation in criminal cases. In no state in the world, you can find the full similarity of the norms for the issuance of persons. Key words: extradition, international search, legal system, extradition models, European arrest warrant, European Union, international legal acts
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Stobbs, Nigel. "The Law and Policy Context of Extradition from Australia to the People’s Republic of China." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 32–47. http://dx.doi.org/10.15209/vulj.v7i1.1049.
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One cost of China’s remarkable economic growth since 1978 has been levels of corruption among some public officials, significant enough to seriously erode public confidence in government and the Communist Party of China, and even threaten certain areas of domestic economic growth. Anti-corruption strategies seek to locate and repatriate corrupt officials, who have fled overseas as ‘economic fugitives’. In furtherance of these strategies, China has sought to ratify a number of bilateral extradition treaties, including the Treaty on Extradition between Australia and the People’s Republic of China, which Australia signed in 2007, but abandoned its only attempt to ratify in March 2017, due to domestic political pressure and strident criticism of its terms. Ratification is important to China, not only to supplement its pursuit of economic fugitives, but also to help enhance its soft power and diplomatic prestige internationally, and the political legitimacy of the Communist Party domestically. It is important to Australia as a means of demonstrating goodwill, to preserve crucial law enforcement collaboration, and to protect its markets with its largest trading partner. This paper argues that the current treaty impasse cannot be appropriately resolved either by ratifying the treaty in its current form or by requesting amendments that are unlikely to be acceptable to China. It considers several other interim alternatives and assesses their potential to reconcile China’s need to save face and Australia’s need to honour its commitment to the Rule of Law and preserve its international human rights reputation.
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Kosianenko, S. O. "National legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare)." Uzhhorod National University Herald. Series: Law 3, no. 81 (April 19, 2024): 269–74. http://dx.doi.org/10.24144/2307-3322.2024.81.3.40.
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The article, based on the study of doctrinal developments and the practice of states, reveals the issue of national legislation as a source of the obligation to extradite or prosecute (aut dedere aut judicare). The article highlights the position of the UN International Law Commission on the role of national legislation and state practice in implementing the obligation to extradite or prosecute; the practice of certain states (Finland, Estonia, Macedonia, Azerbaijan, Ukraine) regarding the legal establishment of the obligation to extradite or prosecute is considered; the measures that states should follow at the national level in order to effectively implement the principle of aut dedere aut judicare are defined.
The article establishes that the determination of the legal nature and scope of the obligation aut dedere aut judicare is possible through the study of various types of sources in which this obligation is established (treaties, customs, international and national court decisions, national legislation of states). The obligation to extradite or prosecute has traditionally been established by international treaties of various types, the number of which is constantly increasing. The participation of many states in such international treaties (of a universal, regional or bilateral nature) is a reflection of the existing national practice of the states regarding the implementation of the principle of aut dedere aut judicare.
It is substantiated that, along with treaties and customary (at least for the most serious international crimes) enshrining the principle of aut dedere aut judicare, national criminal law is an important source of the obligation to extradite or prosecute. The effective implementation of the principle of aut dedere aut judicare in each specific case will depend on the state’s fulfillment of both its international obligations and the implementation of the necessary measures (in particular, regarding the establishment of jurisdiction over offenders and criminal offenses) defined in national legislation with regard to extradition and prosecution.
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Lapidoth, Ruth. "International Law within the Israel Legal System." Israel Law Review 24, no. 3-4 (1990): 451–84. http://dx.doi.org/10.1017/s0021223700010025.
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Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.
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Voronin, Oleg V. "ON CLARIFYING THE SUBJECT OF PENITENTIARY OVERSIGHT BY THE PROSECUTOR'S OFFICE ON A RANGE OF ACTS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 15–24. http://dx.doi.org/10.17223/22253513/38/2.
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The subject matter of the penitentiary oversight of the Prosecutor's Office in terms of the range of acts includes: Universally recognised (i.e. recognised by the vast majority of states) norms (principles) of international law in terms of establishing basic natural (inalienable) human rights, including in relation to persons held in places of detention and (or) serving measures of detention, which are part of the Russian Federation legal system and are directly incorporated into Russian national law: Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 16 December 1966; International Covenant on Economic, Social and Cultural Rights, 16 December 1966. Constitution of the Russian Federation. Duly ratified international treaties and agreements, which may be divided into two groups A) duly ratified multilateral international treaties and agreements (conventions). B) bilateral treaties and agreements on international legal assistance (cooperation) in terms of defining the procedure and conditions of extradition (transfer) of convicts for serving the sentence and other measures of compulsory isolation, as well as application of measures of preliminary isolation from society to those suspected or accused of committing a crime. Some 60 such treaties have now been ratified. At the national legislative level, the Office of the Procurator-General also supervises implementation of and compliance with federal laws, in addition to the Constitution of the Russian Federation. The laws may be conventionally divided into two groups. The first includes laws directly regulating the execution (serving) of penitentiary isolation measures. The second group covers laws that regulate activities directly related to compulsory isolation, as well as the activities of state bodies and institutions for which the execution of sentences serves as an additional function to the main activity. The next set of laws and regulations that form the subject matter of the penitentiary over-sight of the Public Prosecutor's Office are the subordinate laws and regulations. The subject is covered by by-laws of both general and departmental nature. The main peculiarity of deter-mining the scope of supervision in relation to departmental acts is that, on the one hand, the prosecutor supervises the implementation and compliance with the requirements contained in these acts, on the other hand, they themselves serve as a subject of supervision in terms of their compliance with the legislation in force. In this regard, the adoption of key ones usually requires the approval of the Prosecutor's Office, represented by the Prosecutor General of the Russian Federation or relevant subordinate prosecutors.
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Härter, Karl. "THE CIRCULATION OF TRANSNATIONAL CRIMINAL LAW BETWEEN THE AMERICAS AND GERMANY (1848-1914) IN EXTRADITION TREATIES, JURIDICAL DISCOURSES AND INTERNATIONAL ASSOCIATIONS." Revista da Faculdade de Direito da UFMG -, no. 74 (June 18, 2019): 353–78. http://dx.doi.org/10.12818/p.0304-2340.2019v74p353.
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Fadhillah, Siti Aura, Michelle Sharon Anastasia Matakupan, and Britney Wilhelmina Berlian Mingga. "Peran Interpol dalam Penyelesaian Kasus Kejahatan Siber Berdasarkan Konvensi Budapest On Cybercrimes." Journal on Education 5, no. 4 (May 2, 2023): 16553–64. http://dx.doi.org/10.31004/joe.v5i4.2822.
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Technological development, apart from having a positive impact, also has a negative impact. One of the crimes caused by the development and progress of information technology is a crime related to internet applications, which is often referred to as cybercrime. This category of crimes includes all types of crimes as well as their modus operandi, which are carried out by utilizing internet facilities and as a negative effect of using internet applications. The characteristics of cybercrime crimes that do not recognize national territorial boundaries make these crimes inseparable from the role of the Secretariat of the National Central Bureau (NCB)—Interpol Indonesia. NCB-Interpol Indonesia has an important role in conveying information about cyber crimes committed by foreign or Indonesian citizens, obtained from NCBs of other countries, to the competent authorities. The goals and tasks of ICPO-Interpol will be achieved when NCB-Interpol Indonesia participates in fighting cybercrime because they fulfill international obligations regulated by laws and international conventions that apply in Indonesia. Obstacles that arise in tackling cybercrime crimes are related to national borders and jurisdictions, differences in national law making it difficult to determine which law to apply, extradition treaties, and the process of identifying cybercrime perpetrators
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Lukianchykov, Yevhen, Borys Lukianchykov, and Olha Mykytenko. "INTERNATIONAL COOPERATION OF PRE-TRIAL INVESTIGATION BODIES IN THE FIGHT AGAINST ORGANIZED CRIME IN THE FIELD OF TAXATION." Criminalistics and Forensics, no. 68 (July 3, 2023): 108–18. http://dx.doi.org/10.33994/kndise.2023.68.11.
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The article deals with the issues of international cooperation between law enforcement agencies of states and international organizations in combating organized crime in the field of taxation. The forms and directions of the interaction of pre-trial investigation bodies with law enforcement agencies of other countries in countering organized crime in the field of taxation are analyzed. The study studied international treaties, the legislation of states (Ukraine, Germany, Poland, Italy), scientific achievements of scientists, statistical data on registered criminal offences and the results of their pre-trial investigation, and materials of criminal proceedings. According to the results of the study, the interaction of investigative units with other law enforcement agencies and their units in Ukraine, as well as law enforcement agencies of other states, is proposed to be considered in two senses. One of them – is a guide, the principle of organization, which should guide the investigation process. The second – as a structural element of the methodology for investigating certain types of crimes, which should contain information about the experience of interaction of the investigator with other departments of law enforcement agencies, government agencies and public organizations, and, if necessary, with law enforcement agencies from other countries of the world (international cooperation). The levels of international cooperation in combating crimes in the field of taxation committed by organized criminal groups are determined: bilateral (allows to take into account the peculiarities of law enforcement activities of each party to a greater extent, to agree on issues that are not equally regulated by the national legislation of each of them); regional (based on the principle of territoriality and allows taking into account the interests of the states of a particular region); universal (cooperation is carried out on the basis of Ukraine’s participation in world international organizations). Forms of international cooperation in the field of combating crime are international legal assistance (conducting investigators and other legal proceedings, etc.), extradition of a person suspected of committing a crime (extradition institute), taking over of criminal proceedings; transfer of convicts to deprivation of liberty for further execution of punishment; international search; information exchange. Proposals have been formulated to improve the interaction of investigative units with law enforcement agencies of other states in combating organized crime in the field of taxation based on the provisions of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 2001 on the possibility of direct communication between the competent authorities of Ukraine and the competent ones.
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Yengibaryan, R. V. "Legal cooperation between Russia and the USA: historical roots of modern problems." Journal of Law and Administration 15, no. 2 (October 10, 2019): 3–11. http://dx.doi.org/10.24833/2073-8420-2019-2-51-3-11.
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Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.
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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (August 5, 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.
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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.