Tesis (profesor adjunto de derecho internacional público)--Universidad de la República, Montevideo.

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The process of extradition is a vital component of International Criminal Law as a means of ensuring the suppression and prevention of international crimes. It is the internationally accepted method used by states to surrender an offender back to the state where the alleged offence was committed so that such offender can be tried and punished. Without such process, and with the ease of modern global travel, offenders would, in all likelihood be able to escape prosecution and punishment. Most organized democratic societies recognize that the suppression of crime is necessary for peace and order in society and that extradition is an effective tool to be used to bring to justice a fugitive attempting to evade the law by fleeing to another country. What follows is a discussion, firstly on the theory of extradition and secondly on the effect that human rights has had on the law of extradition. The theory of extradition involves an analysis of extradition from its ancient roots to its position in society today. With regard to extradition in South Africa, reference is made to the various periods of the country’s history. The colonial era before South Africa acquired Republican status in 1961 is referred to in order to establish a basis for the present law of extradition in South Africa. The period during the apartheid era after achieving Republican status in 1961 is discussed in order to show how and why South Africa moved away from its common law roots based on English Law. This era is also of importance as it led to the introduction of the present Extradition Act 67 of 1962. Finally the current position spanning from 1994 to the law as it stands in South Africa today, as influenced by the introduction of Constitutional law, is examined. The rule on non-inquiry is also examined in order to compare the traditional approach by states, where state sovereignty was of paramount importance, with the modern trend of emphasis being placed on fundamental human rights. The methods in terms of which extradition is accomplished, both in South Africa and internationally is also discussed. Such reference to the theory and nature of extradition is done to provide general background on the complex issue to be discussed. The crux of the treatise relates to the impact that the rise in status of fundamental human rights has had on the extradition process. Reference will be made to aspects relating to the protection of the offender’s procedural rights as well as to the protection of the individuals right to life, dignity and bodily integrity. Such examination will refer to the position in South African law as well as the position on the international front. Attention is given to developments in case law as well as to how the courts approach the tension between extradition and human rights both locally and internationally. Finally, in conclusion it is submitted that the extradition process is the most effective procedure available to return an offender to the state seeking his prosecution. The process has however, in modern times adapted to uphold the rights of the offender whose return is requested. This can be seen from the provisions included in recent treaties and conventions, most notably the European Convention on Extradition to which South Africa became a party in 2003. Extradition is clearly concerned with the balancing of the offender’s human rights and the need for effective enforcement of criminal law.

M.S.

Yes / In 2014, twenty years after the Rwandan genocide, the first trial took place in France of a Rwandan génocidaire, Pascal Simbikangwa, despite the presence on French territory of a number of genocide suspects for many years, various extradition requests by Rwanda – declined by France – and numerous arrests and investigations. This article looks at issues of jurisdiction regarding the Simbikangwa case and the reasons the French courts heard his case, and examines some issues which may be of significance in the choice of arena for the bringing to justice of Rwandans genocide suspects living in France in future.

published_or_final_version / Public Administration / Master / Master of Public Administration

Ce travail de recherche plonge ses racines dans l’analyse de la typologie d’accueil particulière dont ont bénéficié les exilés politiques italiens des années 1970-1980. La problématique à la base de cette thèse se propose de comprendre si la politique française d’accueil de ces années-là peut être considérée comme un fait nouveau ou si, au contraire, elle est à interpréter comme un geste dont les racines remontent à une plus longue histoire : celle de l’asile politique. Nous analyserons selon une perspective de longue période le rapport existant entre les institutions politiques et administratives des Etats et les groupes sociaux. Avec cette analyse, nous voudrions contribuer à reconstruire l’origine des pratiques, des instruments et finalement des conceptions politiques et juridiques que la France et l’Italie ont appliquées au groupe d’émigrés politiques italiens en France. La thèse se compose des deux parties, (avant et après deuxième guerre mondiale). Nous allons d’abord reconstruire la naissance des principes constitutifs de l’asile politique en Europe tout au long du XIX siècle. Nous allons donc analyser la gestion étatique de la présence en France d’une grande partie de l’opposition italienne pendant les années Vingt et Trente, d’abord selon une perspective bilatérale, et ensuite internationale. Dans la deuxième partie du travail nous allons reconstruire les changements du cadre juridique de référence au lendemain de la deuxième guerre mondiale. Nous allons ensuite analyser la façon dont les Etats ont géré la présence en France de l’opposition extra-parlementaire italienne des années soixante-dix, d’abord d’un point de vue bilatéral, et ensuite multilatéral. / This thesis analyses how Italy and France dealt with handling and controlling Italian opposition in France. Chosen time interval elapses from 1920 to 1986. During these years two political opponents’ migratory waves were monitored by the two nations: anti fascist emigration and several revolutionary left wing former militants of the Seventies emigration. The thesis analysis by a long period perspective how French and Italian institutions confronted with such a phenomenon, particularly considering the issue of juridical status conferred to Italian opponents abroad. During analysed period Italy and France operated in a precise diplomatic context characterised by the multiplication of bilateral and multilateral interrelations that progressively became more and more crucial with regards to the states’ management of political emigration. Carried out analysis will underline continuity and breaches of this relation. Thesis first part analyses Italian Reign period from 1870 to end of Second World War. Introduction will mark the origin of asylum key principles that precedes chosen historical period but is fundamental to analyse the juridical frame of France and Italy future steps. First and Second Chapter focus on years between 1920 and 1940, with particular attention to political emigration handling by a bilateral (Chap. 1) and by a multilateral perspective (Chap. 2). Thesis Second part focuses on Republican Italy. The Introduction retraces juridical frame partial changes and focuses on asylum debate in the Italian Constituent. Analysis of political emigration handling will be carried out both from a bilateral (Chap. 3) and multilateral perspective (Chap. 4).

SUMMARY Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. As between nations, extradition is regulated by treaties. As between states or other political subdivisions on a domestic level, extradition is more accurately known as rendition. The master thesis is a research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research of the concept of extradition in historical perspective, trying to overlook deeper the basics of this legal norm. The research is made by comparing the institute of extradition and institute of fugitives in the context of international law, other legal acts. Fundamental legal acts of extradition are thoroughly discussed in the master thesis. The author presents the analysis of conventions, bilateral, agreements, national laws of extradition, principle of reciprocity and moral human rights. The author presents opinions of various contemporary Lithuanian scientists such as V. Vadapalas, A. Nevera, A. Čepas, J. Žilinskas, G. Goda, M. Kazlauskas, P. Kuconis, G. Švedas, L. Visockienė. Also were used fundamental works about extradition by M. Akehurst, S. Bedi, G. Gilbert, H. Lauterpacht, I. A. Shearer, A. Boicov, R. Valejev, J. Vasiljev, B. Velčev, L. Galenskaja etc. International agreements, national criminal laws and laws of criminal procedure are also analyzed in the study... [to full text]

A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.