Immunity as a Circumstance Excluding the Operation of the Obligation to Extradite or Prosecute. Part I: The Principle of aut Dedere aut Judicare
Immunity as a Circumstance Excluding the Operation of the Obligation to Extradite or Prosecute. Part I: The Principle of aut Dedere aut Judicare

Summary/Abstract: The article is the first in a trilogy that analyses the interaction between immunities of state officials and the obligation to extradite or prosecute. It focuses on the principle of aut dedere aut judicare, defining its content and scope, identifying its sources and its relationship with state jurisdiction. The doctrinal and comparative legal research employed delineates the elements and components of the obligation to extradite or prosecute in order to better outline the exact mechanism in which immunities render it inoperable. The study first finds that the obligation to extradite or prosecute comprises of just one obligation in the alternative with two elements, rather than two distinct obligations. These elements are then comprehensively dissected. The different forms taken by the principle of aut dedere aut judicare in various sources are also being considered. Lastly, the article elaborates on the grounds for- and types of jurisdiction that are to be established when fulfilling the obligation to extradite or prosecute.

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