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
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: Suggested Citation