Extradition

Extradition
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 168
Release: 2006-01-01
Genre: Law
ISBN: 9287160767

The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.

International Criminal Law

International Criminal Law
Author: M. Cherif Bassiouni
Publisher: Brill Archive
Total Pages: 298
Release: 1980-01-01
Genre: Law
ISBN: 9789028601307

This is the first comprehensive, single-volume collection of terrorism documents. The editor assembled material from both governmental & nongovernmental source relating to the prevention & suppression of terrorism. The collection constitutes a valuable research tool for academics & also for those concerned with implementing instruments to combat terrorism.

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU

Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU
Author: Alejandro Hernández López
Publisher: Springer Nature
Total Pages: 231
Release: 2022-11-21
Genre: Law
ISBN: 3031156919

Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc procedure for settling conflicts of criminal jurisdiction based on the mutual exchange of information and the establishment of direct consultations between the competent authorities with a view to reaching consensus on an effective solution. However, neither common legally binding criteria for deciding the best jurisdiction nor specific rules for the transfer of proceedings (which can occur after parallel proceedings have been identified) were established in this instrument, or in any other instrument adopted by the EU to date. This book analyses the current EU legal framework on conflicts of jurisdiction and transfer of criminal proceedings, paying special attention to its numerous shortcomings and loopholes from a fundamental rights and due process of law perspective. The book begins with an assessment of the various principles and grounds used by Member States for claiming criminal jurisdiction. Secondly, de lege lata EU procedure on the settlement of conflicts of criminal jurisdiction, as well as its implementation in Spain and Italy, are thoroughly examined. After discussing the main principles and fundamental rights at stake, the author proposes two alternative and original de lege ferenda models for the prevention and settlement of conflicts of criminal jurisdiction and transfer of criminal proceedings, exploring the different possibilities offered by the EU’s primary law.

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings

A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings
Author: Julia Planitzer
Publisher: Edward Elgar Publishing
Total Pages: 611
Release: 2020-12-25
Genre: Law
ISBN: 1788111567

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
Author: Monique Cormier
Publisher: Cambridge University Press
Total Pages: 273
Release: 2020-08-20
Genre: Law
ISBN: 1108602517

This book provides a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties. It is within the context of developments at the Court in recent years that this work addresses the overarching question: On what legal basis is the ICC authorised to exercise jurisdiction over nationals of non-States Parties? Engaging with ICC jurisprudence and building upon arguments developed in legal scholarship, this book explores the theory of delegated jurisdiction and critically examines the idea that the Court might alternatively be exercising jurisdiction inherent to the international community. It argues that delegation of territorial jurisdiction and implied consent by virtue of UN membership provide a legal basis to allow the ICC to exercise jurisdiction over nationals of non-States Parties in almost all situations envisaged by the Rome Statute.