The Prosecute/Extradite Dilemma: Concurrent Criminal Jurisdiction and Global Governance
Adam B. Abelson
New York University School of Law
September 22, 2009
UC Davis Journal of International Law and Policy, Vol. 16, p. 101, 2010
In an increasingly mobile and interconnected world, national criminal laws interact transnationally through choices between extradition and prosecution in individual cases. The prosecute/extradite dilemma is a critical site of global governance – a decentralized site of interaction between national criminal laws that shapes how national and international interests are articulated and mediated. While criminal laws reflect a state’s fundamental norms, effective global governance requires a normative assessment of when a state should – and more crucially, when it should not – seek to further those norms when multiple countries have a basis for applying their criminal laws to particular conduct. This paper offers a conceptual framework for such an assessment, with particular emphasis on extraterritorial application of U.S. criminal laws.
Number of Pages in PDF File: 38
Keywords: Jurisdiction, international criminal law, aut dedere aut judicare, global governance, extradition, extraterritorial
Date posted: September 23, 2009 ; Last revised: April 23, 2010
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