Publication date: 03.06.2024
Legal Aspects of Extradition and International Justice
Introduction
Extradition is an important mechanism of international criminal justice cooperation that allows one state to transfer a person accused or convicted of a crime to another state for prosecution or execution of a sentence. International justice, in particular through international courts and tribunals, complements national justice systems in the fight against international crimes such as genocide, war crimes and crimes against humanity. In this article, we will consider the main legal aspects of extradition and international justice.
Extraction
International Treaties and Conventions
- European Convention on Extradition (1957): This treaty regulates extradition procedures between member states of the Council of Europe.
- UN Convention against Transnational Organized Crime (2000): Establishes a legal framework for cooperation in extradition between state parties.
- Bilateral treaties: Many countries enter into bilateral treaties that define the terms and procedures for extradition between specific states.
Basic Principles of Extraction
- Double criminality: Extradition is only possible if the acts for which the person is wanted constitute a crime in both countries.
- The principle of "not bis in idem": A person cannot be extradited if he or she has already been convicted or acquitted of the same crime.
- Political and war crimes: Most treaties exclude extradition for political or war crimes.
- Prohibition of torture and inhumane treatment: Extradition is not permitted if there is a risk that the person will be subjected to torture or inhuman treatment.
Extraction procedure
- Extradition request: The requesting state sends a formal request with detailed information about the crime and the accused.
- Consideration of the request: The competent authorities of the state to which the request is sent review it for compliance with the requirements of international treaties and national legislation.
- Trial: In many countries, the decision to extradite is made by a court, which evaluates the evidence and the rights of the accused.
International Justice
International Judicial Institutions
- International Criminal Court (ICC): Established in 2002, the ICC has jurisdiction to try cases of genocide, war crimes, and crimes against humanity.
- International tribunals: Temporary tribunals established to deal with specific conflicts, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).
- International Court of Justice: Considers disputes between states and provides advisory opinions on international law;
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- The principle of impartiality and fair trial: All accused persons are entitled to an impartial trial, defense, presumption of innocence and other fundamental rights guaranteed by international law.
- The principle of universal jurisdiction: Certain crimes, such as genocide and war crimes, have universal jurisdiction, allowing any state to prosecute the perpetrators regardless of where the crime was committed or the nationality of the accused.
Challenges and Prospects
Challenges
- Political influence: International justice often faces political pressure, which can affect the independence of judicial decisions.
- Access to the accused: The lack of international mechanisms for the enforcement of court decisions can make it difficult to arrest and extradite suspects.
- Financial and resource constraints: Judicial institutions often have limited resources, which can affect their effectiveness.
Prospects
- Strengthening international cooperation: Expanding the network of mutual legal assistance treaties and agreements can contribute to more effective prosecution of international criminals.
- Technological innovations: The use of modern technology can improve the process of evidence gathering, investigation and trial.
- Education and awareness-raising: Raising awareness of international justice among the public and human rights organizations can help build support and trust in these institutions.
Conclusion.
Extradition and international justice are key mechanisms for ensuring justice and fighting crime at the international level. The introduction of effective legal regulation, respect for human rights principles and enhanced international cooperation are essential for the successful functioning of these systems. Although there are significant challenges, the prospects for the development of international justice and the improvement of extradition procedures open up new opportunities for strengthening the global system of law and order and human rights protection.
