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Book
Aut dedere aut judicare : the extradite or prosecute clause in international law
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ISBN: 2940415706 2940415048 Year: 2009 Publisher: Graduate Institute Publications

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Abstract

The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.


Book
The Drama of Humanitarian Intervention : Unreliable Narration in an Age of (Ab)use of Human Rights
Author:
ISBN: 2940600198 Year: 2020 Publisher: Genève : Graduate Institute Publications,

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This paper looks at the contentious debate surrounding humanitarian intervention through a critical, narratological lens. By questioning the roles cast and identities constituted, in what could be compared to a theatrical drama, focus is given to the unreliable narration of the most powerful characters on the international stage – from the US to the UN – and its impact on the political and legal stances taken in various contexts. On a meta-level, it examines the conditions that enable this unreliable narration, by pointing out a problematic flexibility owing to the paradoxes and conflation entrenched in human rights rhetoric; what some call a budding ‘humanity’s law’. Attention is meant to be drawn to the power of mental imagery conjured up by intervention narratives, based on the story of saving innocents, as embodiments of humanity. The goal is to foster self-reflection among readers working in humanitarian intervention, within the epistemic community of international lawyers, and beyond. We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master’s dissertations.


Book
The evolving patterns of lebanese politics in post-Syria Lebanon : the perceptions of Hizballah among members of the Free Patriotic Movement
Author:
ISBN: 2940415668 2940415285 Year: 2010 Publisher: Graduate Institute Publications

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This work aims to shed light on the evolution of the Lebanese political arena after the withdrawal of Syrian troops in April 2005 by analyzing the perceptions of Hizballah among members of the Free Patriotic Movement (FPM), as the alliance between the two groups enters its fourth year. Hizballah is generally well portrayed among FPM members although the two constituencies have very few elements in common. Different backgrounds, confessions, political views and cultural traits distinguish them.

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