Yadolah Shabankareh; Leila Raisi
Abstract
"Obligation to extradition or prosecute" is one of the legal mechanisms to deal with international crimes such as genocide (genocide), war crimes and torture, as well as to combat the bribery of perpetrators of these acts internationally and not only to criminal justice but also as a means The deterrent ...
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"Obligation to extradition or prosecute" is one of the legal mechanisms to deal with international crimes such as genocide (genocide), war crimes and torture, as well as to combat the bribery of perpetrators of these acts internationally and not only to criminal justice but also as a means The deterrent implies ensuring non-repetition of these crimes in the future.In 2012, the International Court of Justice issued its ruling on the issue of prosecution or extradition in the Belgian case against Senegal. The Court reviewed the various aspects of this matter, including the customary status of an obligation to extradite or trial, to link this commitment to global jurisdiction and universal obligations. The Court refused to confirm the status of a customary obligation to extradite or prosecute, and considered universal jurisdiction a condition for the fulfillment of this obligation. Moreover, it stated that this commitment was a collective commitment of the group, and the Belgian government, not as a failed state, but as a non-government, has the right to invoke the responsibility of the Senegalese government. This research seeks to examine some of the important sections of the Court's judgment and its criticisms.
mohammad faraji; Behzad Razavifard
Abstract
It is possible to consider regional criminal law as the third domain of international criminal law beside two other domains including crimes with an exterior element and international crimes. European Union criminal law is the best example of a regional criminal law under which some organizations and ...
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It is possible to consider regional criminal law as the third domain of international criminal law beside two other domains including crimes with an exterior element and international crimes. European Union criminal law is the best example of a regional criminal law under which some organizations and regulations are provided in the Union level. Doing so, pursuant to the creation of a criminal jurisdiction in a regional level, different institutional and normative mechanisms are realized in order to prevent and suppress the crimes. This article is to explain European arrest warrant, as one of those aforementioned mechanisms, that based on mutual confidence and judicialization of the extradition procedure make simpler the surrender of accused or convicted persons than one related to extradition. To do so, concerned acts are analyzed in order to explain juridical nature and procedure of this warrant and also to make clear its differences with extradition. Consequently, execution of European arrest warrant instead of extradition, regarding to expansion of transnational criminality and simpler circulation of individuals amongst countries, can better realize criminal justice.
