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Bringing Fugitives to Justice Under International Law: Extradition and Its Alternatives

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Bringing Fugitives to Justice Under International Law: Extradition and Its Alternatives Thesis Bringing fugitives to justice under international law: extradition and its alternatives SADOFF, David Abstract This dissertation presents a novel and robust framework for the operational and legal analysis of recovering fugitives abroad. It addresses how States, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives to bring them to justice, while evaluating the propriety of those pursuit efforts under international law. It introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, inter alia, for the various forms of extradition and its impediments; and provides a mapping to account for the full range of means and methods – extradition, collateral and remedial approaches to extradition, and fallback and full-scale alternatives to extradition – by which fugitives can be obtained. In addition, this study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive tactics; and proffers recommendations that, if adopted, could foster the recovery of fugitives while minimizing associated risks. Reference SADOFF, David. Bringing fugitives to justice under international law: extradition and its alternatives. Thèse de doctorat : Univ. Genève, 2014, no. D. 883 URN : urn:nbn:ch:unige-418725 DOI : 10.13097/archive-ouverte/unige:41872 Available at: http://archive-ouverte.unige.ch/unige:41872 Disclaimer: layout of this document may differ from the published version. 1 / 1 APPENDIX I TREATIES [Organized chronologically by category] Page A. International A-1 B. Regional / Sub-Regional A-6 C. Bilateral A-11 _________________________________________________ A. 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First Optional Protocol to the International Covenant on Civil and Political Rights, Dec. 19, 1966, 999 U.N.T.S. 302. Protocol to the Convention Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6223, T.I.A.S. No. 6577, 606 U.N.T.S. 267. United Nations Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, Nov. 26, 1968, UNGA Res. 2391 (XXIII), 754 U.N.T.S. 73 (1968), available at http://www2.ohchr.org/english/law/pdf/warcrimes.pdf (last visited on Jan. 23, 2012). Vienna Convention on the Law of Treaties (VCLT), May 23, 1969, 1155 U.N.T.S. 332, reprinted in 8 ILM 679. Convention on Special Missions (CSM), Dec. 18, 1969, 1400 U.N.T.S. 231, No. 23431, available at http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_3_1969.pdf (last visited on Feb. 23, 2012). Convention for the Suppression of Unlawful Seizure of Aircraft [Hague Hijacking Conv.], Dec. 16, 1970, U.N. Doc. A/C.6/418/Corr.1, Annex II, 860 U.N.T.S. 105, 22 U.S.T. 1641, reprinted in 10 ILM 133 (1971). Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation [Montreal Hijacking Conv.], Sept. 23, 1971, U.N. Doc. A/C.6/418/Corr.2, Annex III, 974 U.N.T.S. 177, 24 U.S.T. 564, reprinted in 10 ILM 1151. International Convention on the Suppression and Punishment of the Crime of Apartheid, Nov. 30, 1973, UNGA Res. 3068 (XXVIII), U.N. GAOR 28th Sess., Supp. No. 30, at 75, U.N. Doc. A/9030 (1973), 1015 U.N.T.S. 243, reprinted in 13 ILM 50 (1977). Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents [Diplomat Conv.], Dec. 14, 1973, UNGA Res. 3166 (XXVIII), 28 U.N. GAOR Supp. (No. 30), at 146, U.N. Doc. A/9030 (1974), 28 U.S.T. 1975, 1035 U.N.T.S. 167, T.I.A.S. No. 8532, reprinted in 13 ILM 41 (1977). 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