EJIL Analysis

Page 486 of 489

Filter category

The Obligation to “Extradite or Prosecute” is not an Obligation to “Prosecute or Extradite”

Joanna Harrington is Associate Professor of Law, University of Alberta, Canada. Her Phd obtained from the University of Cambridge dealt with extradition and human rights. From 2006-2008, she was on secondment to the Legal Affairs Bureau of the Canadian Department of Foreign Affairs and International Trade. In that capacity, she, among other things, was a member of the Canadian delegation to the UN General Assembly for meetings of the Sixth (Legal) Committee dealing with the work of the International Law Commission. Dapo's post on the case in the ICJ between Belgium and Senegal highlights the real issue in the case, which is this question of whether international law “obliges” prosecution. One aspect of the ILC’s recent work on “Extradite or prosecute” that has attracted my own interest is the Special Rapporteur’s description of this obligation as a choice, an “either/or” option for States, thus equating “extradite or prosecute” with “prosecute or extradite” (the latter being the “obligation” now invoked by Belgium). In the very treaties that the Special Rapporteur…

Read more

European Court decides A and others v. United Kingdom

Today the Grand Chamber of the European Court of Human Rights delivered its judgment in A and others v. United Kingdom, App. No. 3455/05, the sequel to the Belmarsh case, [2005] UKHL 71, decided by the House of Lords several years ago. The applicants were detained preventatively as suspected terrorists by UK authorities pursuant to legislation passed by…

Read more

The Tricky Question of State Succession to International Responsibility

Consider the following scenario: state A commits an internationally wrongful act (say genocide) against state B, incurring responsibility for doing so and giving state B an entitlement to reparation. Before state B actually manages to obtain reparation from state A, state A dissolves into two new states, X and Y. What happens to A’s responsibility towards B? Does it devolve…

Read more

Prosecutions of US Officials for Torture? Some Issues

Leon Panetta, US President Obama's nominee to be Director of the CIA, stated in his confirmation hearings last Thursday that he believes waterboarding to be torture (see here). This is the third admission in recent weeks by senior US officials (or prospective officials) that the US has tortured some of the persons detained now detained in Guantanamo Bay. Similar…

Read more

One step forward, two steps backward: The ICJ interprets Mexico’s Request for Interpretation of Avena and other Mexican Nationals

On 19 January 2009, the International Court of Justice formally declined to interpret its judgment in the Case of Avena and Certain Other Mexican Nationals (Avena), which dealt, as did its “predecessor”, the LaGrand case, with the US non-implementation of the Vienna Convention on Consular Relations. Both LaGrand and Avena ended with the clear…

Read more