MODERN APPLICATION OF THE PRINCIPLE AUT DEDERE AUT JUDICARE IN ACTS OF TERRORISM AND TORTURE
MODERN APPLICATION OF THE PRINCIPLE AUT DEDERE AUT JUDICARE IN ACTS OF TERRORISM AND TORTURE

Summary/Abstract: The maxim aut dedere aut judicare refers to the obligation of a state either to exercise jurisdiction over a person suspected of certain crime or to extradite the person to a state able and willing to do so or to surrender the person to an international court/tribunal with jurisdiction to prosecute such crime. The principle which has been postulated by Grotius in 1625 and subsequently laid down in a number of international conventions has a purpose to fight against modern forms of crimes and especially to combat against any form of terrorism and threats to the mankind. This paper will focus on the application of the principle of “extradite or prosecute” in acts of terrorism through several cases such as the Lockerbie case and the Habré case and lastly will discuss about the obligation of states to punish terrorist crimes or to transfer (extradite) persons to states for such punishment.

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