Cheating Justice by Cheating Death: The Doctrinal Collision for Prosecuting Foreign Terrorists - Passage of Aut Dedere Aut Judicare into Customary Law & Refusal to Extradite Based on the Death Penalty

42 Pages Posted: 3 Aug 2006

See all articles by Michael J. Kelly

Michael J. Kelly

Creighton University School of Law; American Bar Association, Business Law Section; American Society of International Law

Abstract

This article analyzes the interpleay between emerging customary law norms with regard to the duty of prosecution/extradition (aut dedere aut judicare) and operation of the death penalty as a bar to extradition. As America's war on terror generates more detainees abroad, issues raised in this discussion are likely to become even more prevalent. Given the current level of fluidity in these developing concepts, this study attempts to rationalize them into a coherent and useful analysis.

Keywords: detainee, terrorism, terrorist, customary international law, international law, criminal law, death penalty, capital punishment, extradition, aut dedere aut judicare

JEL Classification: K33, K42

Suggested Citation

Kelly, Michael J., Cheating Justice by Cheating Death: The Doctrinal Collision for Prosecuting Foreign Terrorists - Passage of Aut Dedere Aut Judicare into Customary Law & Refusal to Extradite Based on the Death Penalty. Arizona Journal of International and Comparative Law, Vol. 20, 2003. Available at SSRN: https://ssrn.com/abstract=920879

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-3455 (Phone)
402-280-2244 (Fax)

HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Bar Association, Business Law Section ( email )

321 North Clark Street
Chicago, IL 60610
United States

American Society of International Law

2223 Massachusetts Avenue, NW
Washington, DC 20008
United States
202-939-6000 (Phone)

HOME PAGE: http://www.asil.org/

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