Understanding Aut Dedere Aut Judicare: Extradition and Prosecution Obligations
Definition & Meaning
The term "aut dedere aut judicare" is a Latin phrase meaning "extradite or prosecute." This legal principle requires states to take action when they have custody of individuals accused of serious international crimes. Specifically, a state must either extradite the accused to another country that has jurisdiction or initiate its own legal proceedings. The goal is to ensure that serious crimes do not go unpunished due to a lack of extradition requests.
Legal Use & context
This principle is primarily used in international law and criminal law. It applies when a state has custody of a suspect who is wanted for serious offenses, such as terrorism or torture. Legal practitioners may encounter this principle when dealing with extradition cases or when prosecuting individuals for international crimes. Users can find legal templates and forms on US Legal Forms to assist in navigating these complex legal processes.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A country detains an individual accused of hijacking a civilian aircraft. Under the principle of aut dedere aut judicare, the detaining country must either extradite the suspect to the country where the crime occurred or prosecute them in its own courts.
Example 2: A person is arrested for financing terrorism. The state that holds the individual can choose to extradite them to the state that seeks prosecution or take legal action itself. (hypothetical example)