aut dedere aut judicare

Under this principle a State that holds a person accused of certain grave international crimes must either hand him over (extradite) to a State willing to prosecute, or submit the case to its own authorities for prosecution. It closes safe havens for offenders.

The obligation arises mainly from treaties: the Hague and Montreal Conventions on aircraft offences, the Geneva Conventions for grave breaches, the Convention against Torture and many anti-terrorism conventions. Whether it is also customary international law is debated. The ICJ applied the treaty obligation in Belgium v. Senegal (2012), holding Senegal in breach for failing to prosecute or extradite Hissène Habré.

Example

Since India refused the extradition request for the hijacker, aut dedere aut judicare under the Hague Convention required it to prosecute him in India.

In Indian law

• Extradition Act, 1962
• Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) (International Court of Justice, 2012)

See also

extradition · universal jurisdiction · hostis humani generis · double criminality

Read more in the study notes

• Extradition (Public International Law)