Jurisdictional Competence in International Criminal Law
Added on 2020-07-22
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Dissertation Law
Table of ContentsPART 1: INTRODUCTION............................................................................................................11.1 Background of the study...................................................................................................11.2 Research aims and objectives...........................................................................................3Aim of the research:...............................................................................................................3Research objectives:...............................................................................................................31.3 Research questions...........................................................................................................31.4 Rationale of the study.......................................................................................................31.5 Significance of the study..................................................................................................41.6 Structure of dissertation....................................................................................................4PART B............................................................................................................................................6EXTRADİTİON-.............................................................................................................................61-Jurisdiction..........................................................................................................................62-The definition and purpose of extradition...........................................................................83-The history of extradition....................................................................................................86. The notion of political offence.........................................................................................177. Political Offence Exception and Acts of Terrorism.........................................................20PART C: EVOLUTION AND RESTRİCTİON OF THE POLİTİCAL OFFENCE EXCEPTION........................................................................................................................................................201. Background.......................................................................................................................202. International Cooperation against terrorism and narrowing the scope of the political offenceexception...............................................................................................................................202.1 Universal Conventions...................................................................................................202.2 European Conventions....................................................................................................212.3 Council of Europe Convention on the Prevention of Terrorism Warsaw, 16.V.2005...212.4 Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism..............................................................................................................................................213. A new type of system against political offence exception and terrorism: The EuropeanArrest Warrant......................................................................................................................21
PART 1: INTRODUCTION 1.1 Background of the study 1.1.1 Extradition Extradition may be served as co-operative law enforcement process that is associatedwith the formal transfer of individual’s custody who committed crime. Hence, authorities ofjurisdiction has right to give custody of individual to others either directly or indirect manner.Such process of extradition is applied on individual convicted of crime but whose punishment isstill pending. Process or aspect of extradition is regulated by the treaties when it takes placebetween the countries. Hence, extradition may be defined as an act performed by governmentauthority in relation to turning alleged criminal to others for conducting legal proceeding inagainst to criminal charge. Extradition plays a vital role in the international war and therebyhelps in handling the situation of crime. Usually, extradition occurs or happens between twostates and countries depending on the situation. 1.1.2 Political crime and terrorism Further, political crime is an offence that places negative and undesirable impact on theinterest of state and government system. From assessment, it has been identified that downwardtrend has experienced by UK in relation to both violent and non-violent crime. In UK, violentcriminal confrontation and use of weapon is rare. Nevertheless, there are some serious incidentswhose possibility in relation to occurrence is high. It has been found that violent crimes such asfirearms occur between the members of rival criminal gang. Types of political crimes can bedistinguished into three such as election fraud, treason and espionage. Thus, it can be presentedthat political crime implies for the illegal acts that are undertaken to threaten the survival ofgovernment. Political crime emerged from religious and ideological sources. For fulfilling personal needs, noble and altruistic desires political parties do crime.Factors which motivate political parties toward crime include intimidation, revolution, profit,conviction etc. Terrorism usually involves a type of political crime which in turn lays high levelof emphasis on violence. Political parties undertake or perform violence activities with themotive to promote change. There are various types of radical political group such as terrorist,Guerrilla, insurgent and revolutionary. In this regard, terrorist group is the one who engage inmotivating violence related activities such as Al-Qaeda, Hamas. The main goals of such groupare to attain political gain or change. 1
1.1.3 Counter-terrorism conventionsCounter terrorism implies for the practices, strategies, tools and techniques that areundertaken by government, military law, business as well as intelligence agencies undertake.This in turn helps in preventing terrorism related activities to a great extent. Main objectives oraspects of counter terrorism are to ensure that citizens are safer from threats pertaining toterrorism. By considering this, high level of emphasis has been made on the screening of airlinepassengers, placement of video cameras and metal detectors at public places. Beside this, effectof terrorism can be reduced or balanced through the means of arresting, prosecution,assassinations and military action. Several measures have been undertaken by the authorities ofUnited Nations for minimizing the impact of terrorism. Hence, Britain, France and Germany arethe major countries that had taken initiatives by sending troops in the Middle East for fightingwith Islamic terror group. Military campaigns have conducted war on Iraq as well as in Pakistanand thereby killed the chief of terrorist group such as Osama bin Laden. For promoting theculture of peace, justice, tolerance and human rights United Nations have made their best efforts.In the year of 2013, United Nations launched air and ground strikes in against to ISIS. Hence,group of counter terrorism committee provides high level of assistance in co-coordinating effortsand involving in offering a framework to the countries which it has to follow. 1.1.4 European convention on extradition and political offence exception European convention on extradition refers to the multilateral treaty which was settingdown by the member states of Council of Europe. From assessment, it has been identified thatEuropean Convention that is related to extradition includes 32 articles that contain rules fromobligation to notification. Such conventions are highly significant and thereby help in makingcontrol on undesirable practices. Moreover, it includes detail regarding extradition, political,military and fiscal offences. Along with this, such convention also furnishes information aboutthe rule of speciality, provisional arrest, conflicting interest etc. Further, political offenceexception implies for the provision and rules that limit the obligations of sovereign states whoare the under of an extradition. On the basis of such aspect, states which are approached forassistance can refuse to undertake such specific case. In other words, political and legal parties ofone state has right to deny in relation to gathering evidence or proof on the behalf of other. Thus,competent authorities of requested party assess whether requesting party needs assistance forprosecuting an offence or not. 2
1.2 Research aims and objectives In order to conduct study in an effectual way, scholar is required to draft suitable aimsand objectives. Moreover, in the absence of having clear aims and objectives researcher wouldnot be in position to present suitable and fair view of study. Thus, by taking into account issuefollowing aims and objectives have been drafted by the scholar: Aim of the research:Aim of the study: A prior purpose of this investigation is “To critically analyse the impactof various exception laws onto the extradition law resulting in injustice- A study on politicaloffence exception, European and universal terrorism-related conventions and the European arrestwarrant.”Research objectives:The intended goal of this study will be backed up by some below defined objectives tocarry out a thorough research work with no interrupted issuance by the investigator. These are-To explore the purpose and definition of extradition.To interpret the history and resources of extradition.To ascertain the impact of European convention on extradition.To determine the notion of political offence. To identify the link between political offence exception and Acts of terrorism. To discover the clauses of evolution and restriction of the political offence exception. 1.3 Research questions Researcher lays high level of emphasis on framing suitable question whose answer needsto be determined. By focusing on specific question scholar can make his efforts in suitabledirection. On the basis of aim following question has been framed such as:What is the impact of various exception laws onto the extradition law which in turn mayresult into injustice?1.4 Rationale of the study The main reasons behind conducting such study are to highlight the aspects ofextradition, political crime, European and Universal terrorism related conventions as well asarrest warrant. 3
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