Extradition: Emerging Issues, Challenges and Cases

Abstract

This chapter looks into the challenges that arise in successful implementation of the age-old principle Aut Dedere Aut Judicare, especially in relation to acts of terrorism as under treaty law or under Geneva Conventions. In the backdrop of the emerging jurisprudence under international criminal law, one can definitely conclude that member states have at least theoretically challenged certain age-old principles international law, like immunity of sitting head of states and other officials, non-intervening sovereignty of states. This chapter shows that even in the age of increasing number of indictments, states are still active in delaying or stalling processes of surrendering individuals to face trials, irrespective of the nature of the forum. The obstacles come in the nature of immunities, impunity agreements, exile arrangements, and amnesties, declining requests citing political offence or death penalty.