The legal rooting of aut dedere principle in universal crimes

Authors

DOI:

https://doi.org/10.21928/juhd.v7n2y2021.pp34-47

Keywords:

The duty to prosecute, the duty to investigate international crimes, the customary basis of the principle of the duty to prosecute, the treaty basis for litigation

Abstract

in this research we are going to elaborate the legal frame of the principle of prosecute and investigate  core crimes as an obligation in international law .due to the fact that this principle is now the subject of the particular attention .as well as it was adopted as a rule in numerous treaties .and there is a crucial debate concerning the nature of this principle in international customary law . accordingly by elucidation and clarification of this principle and its definition we will examine its application in the Iraqi legal system as a pathway to universalism in criminalization process .thus we will clarify in the first part  the principle and its source also the philosophical aspect in addition to the legal basis in bilateral conventions .   the second part of the article will  offers some controversial issue with respect to the customary  nature of the principle .at least many suggestions are founded upon severla elements of this principle .             

Published

2021-05-03

Issue

Section

Articles

How to Cite

The legal rooting of aut dedere principle in universal crimes. (2021). Journal of University of Human Development, 7(2), 34-47. https://doi.org/10.21928/juhd.v7n2y2021.pp34-47

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