Aut dedere aut judicare in International and Domestic Law

Blešić, Jovana (2022) Aut dedere aut judicare in International and Domestic Law. In: Thematic conference proceedings / International scientific conference Protection of human rights and freedoms in light of international and national standards. University, Faculty of Law, Priština [tj.] Kosovska Mitrovica, pp. 213-224. ISBN 978-86-6083-084-7

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Abstract

Maxim aut dedere aut judicare means that the state where the criminal is found should either extradite him or prosecute him. In this paper, the author will explain the origin of this maxim and its meaning. The first part of the paper is devoted to international law and the sources of law. The main question is whether this maxim become the part of international customary law and which of the options has the primacy. The second part is dedicated to domestic law and, in particular, one case in the jurisprudence of Serbia that has left a mark. It has shown how much human rights must be respected, but also how important political will is.

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