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International Criminals and the Legal Process

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Chapter Summary

The classical response to international crime is to be found in extradition law: the accused or, in some cases, the convicted fugitive would be returned to a State with jurisdiction, ordinarily based on the principles of territoriality or nationality, to prosecute or complete the execution of any sentence. Extradition law, however, is but a part of international criminal law, impinging upon it in procedural terms at least. The 1991 Draft Code of Crimes against the Peace and Security of Mankind proved highly controversial, and in 1995 the International Law Commission could only recommend genocide, aggression, crimes against humanity and war crimes to the Drafting Committee. Turkey exercises a form of extraterritorial jurisdiction known as the passive personality principle, that is, it claims to be competent to prosecute where the victims of the crime are Turkish nationals.

Keywords: crimes against humanity; Draft Code; extradition law; genocide; international crime; International Criminal Court; International Law Commission; Turkey; war crimes

10.1163/ej.9789004152762.i-495.8
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