The legal rooting of aut dedere principle in universal crimes
DOI:
https://doi.org/10.21928/juhd.v7n2y2021.pp34-47Keywords:
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 litigationAbstract
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 .
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Copyright (c) 2021 Mohammed Rashid Hassan Al jaff, Awaz Asaf Mawlood

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