Universality and the Responsibility to Enforce International Criminal Law: No U.S. Sanctuary for Alleged Nazi War Criminals

8 Pages Posted: 18 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 16, 2014

Abstract

This comment addresses the customary and treaty-based responsibilities of states aut dedere aut judicare – to hand over (extradite) or initiate prosecution of all persons within their jurisdiction or control who are reasonably accused of crimes under customary international law and/or relevant treaties. Particular attention is paid to the failure of the United States to fulfill its obligation in this regard with respect to alleged Nazi war criminals. Merely denaturalizing and deporting those who are reasonably accused is in non-compliance.

Keywords: accused, aut dedere, aut judicare, CIL, crimes against humanity, customary, denaturalize, district court, extradite, federal court, genocide, grave breach, hostes humani generis, judicial power, jurisdiction, Nazi, Nuremberg, prosecute, responsibility, universal jurisdiction, war crime

Suggested Citation

Paust, Jordan J., Universality and the Responsibility to Enforce International Criminal Law: No U.S. Sanctuary for Alleged Nazi War Criminals (June 16, 2014). 11 Houston Journal of International Law 337 (1989), U of Houston Law Center No. 2014-A-53, Available at SSRN: https://ssrn.com/abstract=2451444

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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