Part IV the Horizontal System of Enforcement

Total Page:16

File Type:pdf, Size:1020Kb

Part IV the Horizontal System of Enforcement UvA-DARE (Digital Academic Repository) The global prosecution of core crimes under international law Soler, C. Publication date 2017 Document Version Other version License Other Link to publication Citation for published version (APA): Soler, C. (2017). The global prosecution of core crimes under international law. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:30 Sep 2021 Part IV The Horizontal System of Enforcement 216 Chapter 14: Aut dedere aut judicare In primis, suffice to say that it might be hard to conceive of the enforcement of international criminal justice as predominantly dependent upon the execution of ‘something’ embodied merely in four Latin words. In practice, however, this is not a figment of one’s imagination. Scholars identified seventy-two instances wherein the aut dedere aut judicare rule appears, after having examined three hundred and twelve international legal instruments.1985 At the outset, therefore, the first task that should be undertaken is to determine the nature, scope and status of this rule. 14.1 The nature, scope and status of the aut dedere aut judicare rule The complex nature of aut dedere aut judicare1986 is not cast in stone but is still clouded by controversy. Aut dedere aut judicare may be referred to in many ways ranging from: i. a customary obligation1987 of international law;1988 ii. a customary1989 right, an entitlement, under international law;1990 iii. a general principle of law which bestows rights and obligations bilaterally, between the State where an offender is present and the State directly linked to the offence;1991 iv. a principle1992 of customary international law;1993 v. an obligation, habitually by States and prosecutors;1994 vi. an obligation specifically deriving from the UNC;1995 vii. an erga omnes obligation;1996 viii. a corollary of the principle of complementarity;1997 ix. a defence, by counsel before the ICC;1998 1985 J.J. Paust, M.C. Bassiouni, M. Scharf, J. Gurule`, L. Sadat and B. Zagaris, International Criminal Law: Cases and Materials, 3rd Edn., CAP, 2007, p. 12. 1986 Sometimes jurists use aut dedere aut judicare on the one hand, and aut dedere aut prosequi on the other hand, inter-changeably [R. Kolb, ‘The Exercise of Criminal Jurisdiction over International Terrorists’, in A. Bianchi, Enforcing International Law Norms Against Terrorism, HP, Portland, Oregon, USA, 2004, p. 232]. Kolb justifies his preference to the latter term, that is, aut dedere aut prosequi, since ‘the obligation of the State is not to try, but to submit the case to the competent authorities in view of prosecution’ [R. Kolb, ‘The Exercise of Criminal Jurisdiction over International Terrorists’, in A. Bianchi, Enforcing International Law Norms Against Terrorism, HP, Portland, Oregon, USA, 2004, p. 263]. Though Kolb’s choice of words is valid, the former, that is, aut dedere aut judicare, shall be used for the purposes of this work. 1987 T. Obokata, Transnational Organised Crime in International Law, Studies in International and Comparative Criminal Law, Volume 5, HP, Oxford and Portland, Oregon, 2010, p. 46. 1988 Prosecutor v Tihomir Blaskic, ICTY Judgment on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18th July 1997, IT-95-14-AR, para. 29. 1989 Such rule acquires customary status, inter alia, when States sign and ratify a significant number of treaties containing the aut dedere aut judicare rule, hence articulating the belief that aut dedere aut judicare is a recognized and accepted rule which is conducive to the suppression of core crimes. The customary status of such rule has been originally propounded by Bassiouni [M.C. Bassiouni and E.M. Wise, Aut Dedere Aut Judicare: The Duty to Extradite or Prosecute in International Law, MNP, 1995, Preface, pp. 22-25; see pp. 43-48 thereof for a contrary view]. 1990 Prosecutor v Furundzija, ICTY, 10th December 1998, IT-95-17/1-T (1999). 1991 L. Reydams, Universal Jurisdiction: International and Municipal Legal Perspectives, OUP, 2003, p. 115; M.Plachta, Contemporary Problems of Extradition: Human Rights, Grounds for Refusal and the Principle Aut Dedere Aut Judicare, UNAFEI Annual Report for 1999 and Resource Material Series No. 57, 2001, pp. 68-69, available at http://www.unafei.or.jp/english/pdf/PDF_rms/no57/57-07.pdf 1992 M.C. Bassiouni and E.M. Wise, Aut Dedere Aut Judicare: The Duty to Extradite or Prosecute in International Law, MNP, 1995, Preface, p. 24. 1993 Libyan Arab Jamahiriya v United Kingdom and Libyan Arab Jamahiriya v USA, Provisional Measures, Orders of 14th April 1992, Dissenting Opinion of Judge Weermantry, ICJ Reports, 1992. 1994 Report of the ILC, Annex containing Preliminary Remarks of the Special Rapporteur Zdzislaw Galicki, Sixty-Third Session, The Obligation to Extradite or Prosecute (aut dedere aut judicare) in International Law, A/66/10, 2011, p. 318 available at http://untreaty.un.org/ilc/reports/2004/english/annex.pdf 1995 C. Enache-Brown and A. Fried, ‘Universal Crime, Jurisdiction and Duty: The Obligation of Aut Dedere Aut Judicare in International Law’, McGLJ, Vol. 43, McGill University, Montreal, Canada, 1998, p. 632. 1996 African Commission: Communications 54/91, 61/91, 96/93, 98/93, 164/97, 210/98, Various Communications vs Mauritania, 11th May 2000, para. 83, reproduced in the Amicus brief on the Legality of Amnesties in International Law in Prosecutor v Morris Kallon, SCSL, Trial Chamber, p. 27, cited in A. Abass, ‘The International Criminal Court and Universal Jurisdiction’, ICLR, Vol. 6, MNP, 2006, p. 355, fn. 31. 1997 M. El Zeidy, The Principle of Complementarity in International Criminal Law: Origin, Development and Practice, MNP, 2008, pp. 220-221. 1998 G-J. A. Knoops, Surrendering to International Criminal Courts: Contemporary Practice and Procedures, International and Comparative Criminal Law Series, TP, Ardsley, NY, 2002, p. 313. 217 x. a jus cogens norm, by a few publicists;1999 xi. a ‘dead letter’;2000 xii. a general norm of international law;2001 xiii. a ground of jurisdiction;2002 xiv. a form of universality;2003 xv. a jurisdiction-bestowing device;2004 xvi. a system;2005 xvii. a communitarian principle;2006 to xviii. an open-ended concept,2007 the intricacies of which the present author shall shortly consider. An examination of its nature is crucial to understand its weight for the purposes of the enforcement of international criminal justice, because only by understanding its nature, one can decipher its consequences. Though reference will be made to the sources of international law which were referred to in heading 1.2, the scope of Part IV is not to complete a definitive study on all bi-lateral and multi-lateral extradition treaties which include the aut dedere aut judicare obligation, or else to enlist all UNSC Resolutions which refer to it. These will be mentioned only when they can shed a light on the nature, status and scope of aut dedere aut judicare. In so far as it is explicitly provided for within treaties, aut dedere aut judicare, the origins of which are attributable to the Dutch jurist Hugo Grotius,2008 is a fully-fledged conventional international law, id est, it possesses the feaures of a treaty and therefore it only binds those States which have ratified the treaty. It is thus only valid inter partes. It has no force of law in relation to non-State parties to the treaty, which consequently do not have an obligation to implement it.2009 To the extent that it may be deemed to constitute customary international law, aut dedere aut judicare may be said to be an important unwritten rule.2010 It is a settled matter that customary law is the most suitable source for grounding the non-treaty based nature of the obligation to extradite or prosecute.2011 This theory finds support in the works of jurists who argue, inter alia, that suppression conventions which have secured a substantial degree of ratifications have led to a general pattern of treaty practice, and hence a rule of customary international law.2012 Another jurist opines that the 1999 See Bassiouni’s main arguments in M.C. Bassiouni and E. M. Wise, Aut Dedere Aut Judicare: The Duty to Extradite or Prosecute in International Law, MNP, 1995, preface, p. 25. 2000 A. Cassese, International Law in a Divided World, Thomson/West, CP, 1986, p. 275. 2001 C. Enache-Brown and A. Fried, ‘Universal Crime, Jurisdiction and Duty: The Obligation of Aut Dedere Aut Judicare in International Law’, McGLJ, Vol. 43, McGill University, Montreal, Canada, 1998, pp. 631-632. 2002 L.Benavides, ‘The Universal Jurisdiction Principle: Nature and Scope’, Annuario Mexicano de derecho internacional, Vol. 1, 2001, p. 19; M. Henzelin, Le principe de l’universalite en droit penal international: Droit et Obligation pour les Etats de poursuivre et juger selon le principe de l’universalite, Helbin and Lichtenhahn, Munich, Geneva, Brussels, 2000; M.C.
Recommended publications
  • Smith's Report
    SMITH’S REPORT On the Holocaust Controversy No. 157 www.Codoh.com January 2009 See Back Issues at: www.smithsreport.com Challenging the Holocaust Taboo Since 1990 The Growing Self-Accusation Movement In Germany By Kevin Käther Translated by J. M. Damon [Translator’s note.] Truth Is Coming to the In the tradition of Henry Tho- Reich Capitol Day 2 of the of the Self- reau and Mahatma Gandhi, the Accusation Trial of Kevin new activists demand that they be Kevin Käther Käther tried and punished for their crimes. My self-accusation trial con- r. Kevin Käther is a rep- tinued on 18 November 2008, and M resentative of the grow- let me begin by saying that it was ing "Self-Accusation" movement, the best trial day so far! Court re- or citizens’ demanding that they be sumed shortly after 1 pm, at which charged and tried for crimes of time I continued submitting my opinion. evidentiary motions, namely the The following trial report re- body of facts establishing the sci- flects the growing courage, enthu- entific validity of Germar Rudolf’s siasm and freshness of vision analyses of the so-called “gas among patriotic young Germans as chambers” at Auschwitz. they answer the call for a new kind Today I submitted the Rudolf of civil disobedience. They are Kevin Käther Expert Report on the ‘Gas Cham- publicly “confessing” the “crime” bers’ of Auschwitz, making clear to of expressing opinions critical of Growing numbers of judges the Court that Rudolf’s critics have their government’s inquisitorial and public officials are also ex- been unable to disprove it.
    [Show full text]
  • Criminal Law—Hearsay Evidence
    Criminal newsletter January 2010.qxp 18/12/2009 11:57 Page 1 BLACKSTONE’S CRIMINAL PRACTICE BULLETIN Issue 2, January 2010 Welcome to Blackstone’s Criminal Practice Bulletin. The Bulletin is a quarterly newsletter designed to alert practitioners to key developments in criminal law and sentencing, and to place these changes in the context of the main work. They can be downloaded free of charge from <http://www.oup.com/blackstones/criminal>. We will publish further Bulletins in April and July 2010, and these will be available free of charge on the Blackstone’s Criminal Practice website at <http://www.oup.com/blackstones/criminal>. Website updates are set out on a chapter-by-chapter basis, with links to the full text of available judgments and to relevant legislation. By registering online you can be alerted to the posting of new material on the site and will receive news of all important changes by email. CASE DIGEST—IN BRIEF CRIMINAL LAW—HEARSAY EVIDENCE imperative that a trial must be fair and the interests of victims in particular and society in general that a crim- Horncastle inal should not be immune from conviction where a [2009] SC 14 witness, who has given critical evidence in a statement that can be shown to be reliable, dies or cannot be In considering the perceived conflict between the pro- called to give evidence for some other reason’. visions of the CJA 2003 on hearsay and the Strasbourg jurisprudence, the Supreme Court has supported the See Blackstone’s Criminal Practice:A7.74 and F16.18 ruling of the Court of Appeal ([2009] EWCA Crim 964).
    [Show full text]
  • Essays on Holocaust and Genocide Editor: Colin Tatz
    Genocide Perspectives IV Essays on Holocaust and Genocide Editor: Colin Tatz The Australian Institute for Holocaust & Genocide Studies UTSePress 2012 2 National Library of Australia Cataloguing-in-Publication entry Tatz, Colin Genocide perspectives IV : essays on holocaust and genocide/Colin Tatz. ISBN: 9780987236975 Genocide. Antisemitism. Holocaust, Jewish (1939-1945) 304.663 3 ACKNOWLEDGMENTS This volume owes much to Sandra Tatz. It was Sandra who initiated the collection, contacted the contributors, arranged the peer reviews, helped organise the framework, proofed the contents, and designed the layout of this volume. My thanks to Gabrielle Gardiner and Cornelia Cronje at the University of Technology Sydney for this e-book and Agata Mrva-Montoya and Susan Murray-Smith from Sydney University Press for hard copies. Thanks to Konrad Kwiet, Graeme Ward, Winton Higgins, and Rowan Savage for their assistance and to Torunn Higgins for her cover design. Three of the essays are modified, extended and updated versions of articles that have appeared elsewhere, as indicated in their contributions here. We acknowledge Oxford University Press as the publishers of the Michael Dudley and Fran Gale essay; Patterns of Prejudice (UK) for the Ruth Balint paper; and Interstitio (Republic of Moldova) for Shannon Woodcock's essay. Cover design: Torunn Higgins The essays in this volume are refereed. Copyright rests with the individual authors © 2012. 4 CONTENTS Colin Tatz The Magnitude of Genocide 5 Rowan Savage ‘With Scorn and Bias’: Genocidal 21 Dehumanisation
    [Show full text]
  • Summary Illicit Transactions and Seizures
    C. 86. M. 86. 1946.x i . [0.c.300(y)] Geneva, October 1st, 1946. LEAGUE OF NATIONS ADVISORY COMMITTEE ON TRAFFIC IN OPIUM AND OTHER DANGEROUS DRUGS SUMMARY OF ILLICIT TRANSACTIONS AND SEIZURES DURING 1944 r e p o r t e d to the secretariat of the league of nations Noie This document, which was prepared by the Secretariat of the League of Nations before July 31st, had to be printed after that date. The cost of printing it was therefore borne by the United Nations. 4696. — 700 (F.). 625 (A.).10/46. Imp. Granchamp, Annemasse. — 3 — PART I CASES REPORTED IN PREVIOUS SUMMARIES IN REGARD TO WHICH FURTHER INFORMATION HAS BEEN RECEIVED Nil. — 4 PART II NEW CASES OF SEIZURES DIVIDED INTO THE FOLLOWING GROUPS: 1. R aw Opium. 4. H eroin. 2. P repared Opium and D ross. 5. Coca Leaves and Cocaine. 3. Morphine. 6. Indian H emp. 1. RAW OPIUM No. 2268. — Seizures in the Interior of Egypt during November and December 1943. Report communicated by the Central Narcotics Intelligence Bureau, Cairo, February 18th, 1945. Reference : 1 (a). Opium : 6 kg. 432 gr. O.C.S./Conf.l620. Hashish : 3 kg. 275 gr. 3. There were five cases, one in November and four in December. One concerned hashish and the rest opium. There were seven accused, all Egyptians. 4. There were three sentences of imprisonment for three years, two accompanied with fines of £e .500 and one with a fine of £e .600 ; one sentence of imprisonment for two years with a fine of £e .200, one of imprisonment for eighteen months and a fine of £e .300, one of fifteen months and a fine of £e .250 and one of twelve months and a fine of £e .200.
    [Show full text]
  • Aut Dedere Aut Judicare)
    International Law Commission UFRGSMUN | UFRGS Model United Nations Journal ISSN: 2318-3195 | v1, 2013| p.202-221 The obligation to extradite or prosecute (aut dedere aut judicare) André da Rocha Ferreira Cristieli Carvalho Fernanda Graeff Machry Pedro Barreto Vianna Rigon 1. Historical background Th e expression aut dedere aut judicare is commonly used to refer to the alternative obligation to extradite or prosecute which is contained in a number of multilateral treaties aimed at securing international cooperation in the suppression of certain kinds of multilateral conduct. Th e obligation is phrased in diff erent ways in diff erent treaties, but essentially it requires a state holding someone who has committed a crime of international concern either to extradite the off ender to another state which is prepared to try him or else to take steps to have him prosecuted before its own courts (Bassiouni and Wise 1996, 3). Th e term “extradition” comes from Voltaire’s extradition—the combination of the Latin “ex” (“out”) with “traditionem” (“a delivering up, handing over”). Although the expression is recent (from the 18th century), the institute consists of the most traditional instrument of international cooperation. Its fi rst traces in History can be found in Ancient Egypt with Ramses II and Hattusili III’s Peace Treaty, which is engraved on the walls of the Amon temple, at Karnak. Not only did extradition have a political scope for a long period, but it was treated as an incidental matter; that is to say that until a comparably recent past there were no legal instruments exclusively concerned about extradition proceedings (Blakesley 1981, 12).
    [Show full text]
  • Ecaj Annual Report 5766 / 2006
    ANNUAL REPORT OF THE EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY 2006/5766 Copyright 2006 Executive Council of Australian Jewry This report is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act, no part may be reproduced, stored in a retrieval system or transmitted in any form by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission. Enquiries should be made to the publisher. The publisher warrants that all due care and diligence has been taken in the research and presentation of material in this report. However readers must rely upon their own enquiries relating to any matter contained herein. 2 TABLE OF CONTENTS Title Page Committee of Management and Councillors – 2005/2006 5 Presidents of the ECAJ: 1945-2006 7 A Tribute to Leslie Caplan 8 President’s Overview 10 ECAJ Photo Gallery 16 Executive Director’s Statement 22 Reports of Constituent Organisations 25 • Jewish Community Council of Victoria 25 • Jewish Community Council of Western Australian Inc 33 • Australian Capital Territory Jewish Community Inc 36 • Hobart Hebrew Congregation 40 • Queensland Jewish Board of Deputies 42 • New South Wales Jewish Board of Deputies 46 Reports of Affiliated and Observer Organisations 56 • Australian Federation of WIZO 56 • B'nai B'rith Australia/New Zealand 60 • Australasian Union of Jewish Students 64 • Union for Progressive Judaism 76 • National Council of Jewish Women of Australia 81 • Zionist Federation of Australia 86 • Maccabi Australia Inc 91 Reports of Consultants 93 • Report on Antisemitism in Australia – Jeremy Jones AM 93 • Australian Defence Force Report – Rabbi Raymond Apple AO 95 • Community Relations Report – Josie Lacey OAM 96 • Education Report – Peta Jones Pellach 101 • Masking our Differences: Purim in Cebu – Peta Jones Pellach 105 • & Jeremy Jones AM • World Jewish Congress Report – Grahame J.
    [Show full text]
  • Sexual Violence in the Digital Age: a Criminal Law Conundrum?
    German Law Journal (2021), 22, pp. 784–799 doi:10.1017/glj.2021.39 ARTICLE Special Issue: Sexual Violence and Criminal Justice in the 21st Century Section II: Sexual Autonomy and the Limits of Criminal Law Sexual Violence in the Digital Age: A Criminal Law Conundrum? Olga Jurasz1 and Kim Barker2 1Senior Lecturer, Open University Law School, Milton Keynes, United Kingdom and 2Senior Lecturer, Open University Law School, Milton Keynes, United Kingdom Corresponding author: [email protected] (Received 05 July 2021; accepted 05 July 2021) Abstract The emergence of new interactions, notably those online, has led to the parallel development of criminal behaviors—not all of which are captured by the current legal framework. This article addresses the challenge posed to criminal law by the emergence of technologically facilitated violence, specifically its sexualized online forms. In particular, it argues for cautious yet specific criminalization of violent behaviors online whilst considering the broader criminal liabilities of all actors involved in the facilitation and perpetration of digital sexual violence. This article draws upon national—contentious—examples of attempts to regulate disruptive sexual violence perpetrated through digital means, with particular attention given to provisions in the UK, Germany, and France. Keywords: Digital violence; sexual violence; criminal law; OTFSV; IBSA; TBSA A. Introduction: Digital Abuse and Criminal Law After #MeToo The #MeToo movement has highlighted—on a global and public scale—the common and wide-
    [Show full text]
  • The Prospect of Extraditing Julian Assange
    NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 37 Number 3 Article 7 Spring 2012 The Prospect of Extraditing Julian Assange Molly Thebes Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Molly Thebes, The Prospect of Extraditing Julian Assange, 37 N.C. J. INT'L L. 889 (2011). Available at: https://scholarship.law.unc.edu/ncilj/vol37/iss3/7 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. The Prospect of Extraditing Julian Assange Cover Page Footnote International Law; Commercial Law; Law This note is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol37/iss3/ 7 The Prospect of Extraditing Julian Assange Molly Thebes t I. Introduction .......................... ...... 889 II. Is Julian Assange a Journalist .......... ...... ......... 894 III. The Feasibility of Extraditing Journalists ....... ...... 898 A. Sweden ........................... ..... 899 B. Iceland.............903 1. Libel Tourism .................... ..... 904 2. Source Protection.. ................. ..... 906 3. Whistleblower Protections.....................907 4. International Effect of the Initiative ...... .... 908 5. Limitations of the Initiative .......... ...... 909 C. European Media Laws ................ ..... 911 IV. Conclusion............... ................. 913 I. Introduction The legal battle over the custody of Julian Assange has been well publicized in the media, with both Sweden and the United States vying for authority over the WikiLeaks founder and ex- computer hacker.' While the United States is seeking jurisdiction over Assange for his well-documented involvement in the unauthorized acquisition and dissemination of a quarter of a million diplomatic cables2 and tens of thousands of wartime tB.A.
    [Show full text]
  • Archbold Review 4
    Issue 4, May 13, 2010 Archbold Review Cases in brief Evidence—hearsay—Criminal Justice Act 2003 s.114(1) they in fact caused L to be paid benefit to which he was not (d)—defence that other committed offence—self-serving hear- entitled. R. v Passmore [2008] 1 Cr.App.R. 165, upon which say statements by the other—whether properly admitted L relied, was a case on Social Security Administration Act SETON [2010] EWCA Crim 450; March 12, 2010 1992 s.111A, not relevant to the proper construction of S’s defence on a charge of murder was that the killer was Theft Act 1968 s.17. Section 17 applied generally to the falsi- a third man, P, involved with him and the victim in a drug fication of accounting documents for the purpose of obtain- deal. P was serving a prison sentence for murder. Following ing financial gain or causing financial loss. It did not require a police interview at which S’s allegation was put to him (he that gain or loss should in fact result. In relation to what made no comment), P denied the offence in telephone calls was meant by “omits a material particular”, s.17(1)(b) re- to his son and his wife. As P would have known, the calls ferred to the production or use of a document which to the were recorded as a matter of course, as he was a category A defendant’s knowledge were or may be misleading, false or prisoner. Applying Z [2009] EWCA Crim 20, the judge had deceptive in a material particular.
    [Show full text]
  • The Nazi Hunter.Pdf
    NEWS Friday, October 12, 2012 The Australian Jewish New s – jewishnews.net.au 15 THE NAZI HUNTER In your time at the Simon Wiesenthal of Mauthausen doctor Aribert Heim, Centre (SWC), you have uncovered the Dr Efraim Zuroff is the story of which also appears in the postwar escape of hundreds of Nazi war determined to book. In both cases, the children criminals to Western countries. These bring Nazi war found it very difficult to deal with efforts have influenced the creation of criminals to special laws in Canada (1987), justice. their parents’ alleged past. Zentai’s Australia (1989) and Great Britain children clung to their father’s denial (1991). How instrumental was the SWC of his participation in the murder of in prompting these countries to pursue Peter Balazs, although they had no such legislative measures? concrete proof, other than their The SWC was one of several father’s account. In the Heim case, the groups in each country that fought to daughter claimed never to have even convince these governments to take seen her father. legal action against the Nazi war criminals living in Canada, Australia Why did you decide to write the book? and the UK. The local Jewish com - Writing the book was in certain munity organisations, such as the respects a labour of love for the mem - Canadian Jewish Congress and B’nai ory of the victims of the Shoah and to B’rith in Canada, and the Executive explain my mission. It took me about Council of Australian Jewry and nine months. So far I have had many Australia/Israel & Jewish Affairs wonderful moments, but my share of Council in Australia, usually played a frustrations as well.
    [Show full text]
  • Int Cat Ngo Grc 48 8929 E
    Combined 5th and 6th periodic report on the implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Submission from TRIAL (Swiss GREECE Association against Impunity) to the Committee Against Torture. September 2011 EXECUTIVE SUMMARY The present written submission to the Committee Against Torture is for the purposes of the examination of the combined 5th and 6th periodic reports (CAT/C/GRC/5-6) of Greece on its implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture). TRIAL is focusing on the topic of universal jurisdiction with a view to the effective prosecution of the crime of torture, considered as one of the necessary measures to properly implement the Convention Against Torture, ratified by Greece on 6 Oct 1988. A detailed review of Greek criminal legislation leads TRIAL to highlight that the legal framework of the State, despite containing a separate criminal offence of torture in its Criminal Code, and despite providing for universal jurisdiction over suspected perpetrators of torture, does not contain a definition of torture which is compatible with the Convention Against Torture. TRIAL TRIAL (Swiss Association against Impunity) is an association under Swiss law founded in 2002. It is apolitical and non-confessional. One of its principal goal is the fight against impunity of the perpetrators, accomplices and instigators of genocide, war crimes, crimes against humanity and acts of torture. In this sense, TRIAL: ‣ fights against the impunity of the perpetrators and instigators of the most serious international crimes and their accomplices ‣ defends the interests of the victims before Swiss tribunals, international human rights organisms and the International Criminal Court TRIAL ‣ raises awareness among the authorities and the general public regarding P.O.
    [Show full text]
  • Aut Dedere Aut Judicare)
    THE OBLIGATION TO EXTRADITE OR PROSECUTE (AUT DEDERE AUT JUDICARE) [Agenda item 10] DOCUMENT A/CN.4/571 Preliminary report, by Mr. Zdzislaw Galicki, Special Rapporteur [Original: English] [7 June 2006] CONTENTS Paragraphs Page Multilateral instruments cited in the present report ........................................................................................................................................ 259 Works cited in the present report .................................................................................................................................................................... 260 Preface .......................................................................................................................................................................................................1–3 261 Introduction .............................................................................................................................................................................................4–15 261 Chapter I. UNIVERSALITY OF SUPPRESSION AND UNIVERSALITY OF JURISDICTION .............................................................................. 16–30 263 II. UNIVERSAL JURISDICTION AND THE OBLIGATION TO EXTRADITE OR PROSECUTE ................................................................. 31–34 265 III. SOURCES OF THE OBLIGATION TO EXTRADITE OR PROSECUTE ........................................................................................... 35–48 265 A. International treaties ......................................................................................................................................
    [Show full text]