Related Research Articles
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are so heinous that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
A peremptory norm is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.
A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country.
Hostis humani generis is a legal term of art that originates in admiralty law. Before the adoption of public international law, pirates and slavers were generally held to be beyond legal protection and so could be dealt with by any nation, even one that had not been directly attacked.
Transnational crimes are crimes that have actual or potential effect across national borders and crimes that are intrastate but offend fundamental values of the international community. The term is commonly used in the law enforcement and academic communities. Transnational organized crime (TOC) refers specifically to transnational crime carried out by crime organizations.
A Central Authority is an agency or organization that is designated to play a key facilitating role in the implementation and operation of an international treaty in public and private international law.
The state of Ireland asserts universal jurisdiction and extraterritorial jurisdiction in various situations. Ireland has universal jurisdiction for murder and manslaughter committed by its citizens. This dates from at least 1829, retained by the Offences against the Person Act 1861, as adapted in 1973.
The Hostages Convention is a United Nations treaty by which states agree to prohibit and punish hostage taking. The treaty includes definitions of "hostage" and "hostage taking" and sets out the principle of aut dedere aut judicare: a party to the treaty must prosecute a hostage taker if no other state requests extradition for prosecution of the same crime.
The Hague Hijacking Convention is a multilateral treaty by which states agree to prohibit and punish aircraft hijacking. The convention does not apply to customs, law enforcement or military aircraft, thus it applies exclusively to civilian aircraft. The convention only addresses situations in which an aircraft takes off or lands in a place different from its country of registration. The convention sets out the principle of aut dedere aut judicare—that a party to the treaty must prosecute an aircraft hijacker if no other state requests his or her extradition for prosecution of the same crime.
The Protection of Diplomats Convention is a United Nations anti-terrorism treaty that codifies some of the traditional principles on the necessity of protecting diplomats.
The Convention on the Safety of United Nations and Associated Personnel is a United Nations treaty that has the goal of protecting United Nations peacekeepers and other UN personnel.
A political offence exception is a provision which limits the obligation of a sovereign state under an extradition or mutual legal assistance treaty or statute. Such provisos allow the state whose assistance has been requested to refuse to hand over a suspect to – or to gather evidence on behalf of – another state, if the requested party's competent authority determines that the requesting party seeks assistance in order to prosecute an offence of a political character.
The Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of civil aviation.
The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation or SUA Convention is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of maritime navigation.
The Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf is a multilateral treaty by which states agree to prohibit and punish behaviour which may threaten the safety of offshore fixed platforms, including oil platforms.
An extraterritorial operation in international law is a law enforcement or military operation that takes place outside the territory or jurisdiction of the state whose forces are conducting the operation, generally within the territory of another sovereign state. Under international law, these activities are generally highly restricted, and it is considered a violation of a state's sovereignty if any other state engages in law enforcement or military operations within another state without gaining that state's consent.
The law of extradition in the Republic of Ireland includes legislation and case law, and gives effect to treaties.
References
- ↑ Hall, Stephen, International Law (2006) 2nd ed., Butterworths Tutorial Series, LexisNexis Butterworths
- 1 2 Stigall, Dan E. (February 2013). "Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law". Notre Dame Journal of International & Comparative Law. SSRN 2211219.
- ↑ Kelly, Michael J. (2003). "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". 20 Ariz. J. Int'l & Comp. L. 491: 496–497. SSRN 920879. In Stigall (2013), p. 16.