Extradition: What It Is and How It Works in International Law
Extradition is a legal procedure through which one state hands over an individual to another state to face trial or serve a sentence. This mechanism is governed by bilateral and multilateral agreements with the aim of combating transnational crime and ensuring international justice. Fundamental Principles of Extradition How Does the Extradition Procedure Work? Conclusion Extradition […]
Limits and Exceptions to the Principle of Specialty – A Guide for Lawyers
Introduction The Principle of Specialty is a fundamental legal protection, but its application may face certain limits and exceptions. Understanding these aspects is crucial for handling complex cases and ensuring that the defendant is not prosecuted for offenses not included in the extradition request. Limits of the Principle of Specialty Exceptions and Procedural Safeguards Conclusion […]
How to Use the Principle of Specialty in Favor of the Defendant
The Principle of Specialty not only limits the scope of criminal prosecution but can also be strategically used to protect the defendant. In this article, we examine how lawyers can invoke this principle to ensure that their client is prosecuted only for the specific offense for which extradition was granted. Defense Strategies Based on the […]
The Principle of Specialty: Foundations and Importance
The Principle of Specialty is a fundamental guarantee in international law, particularly in the context of extradition. This principle ensures that an extradited person can only be prosecuted for the offense explicitly mentioned in the extradition request, limiting the scope of criminal proceedings in the receiving country. Foundations of the Principle of Specialty Importance in […]
European Arrest Warrant (EAW): Definition and Functioning
What is the European Arrest Warrant? The European Arrest Warrant (EAW) is a legal instrument that allows for the swift surrender of wanted individuals between EU member states, simplifying the extradition process. Introduced through Framework Decision 2002/584/JHA, it replaced the complex traditional extradition procedures, ensuring greater efficiency in judicial cooperation. How Does the European Arrest […]
When Can a European Arrest Warrant Be Refused?
The European Arrest Warrant (EAW) is a legal instrument that facilitates cooperation among European Union member states for the arrest and surrender of individuals sought for criminal prosecution or the execution of a custodial sentence. However, there are specific circumstances under which a member state may refuse to execute an EAW. Mandatory Grounds for Refusal […]
What Are the Requirements for Issuing a European Arrest Warrant?
The European Arrest Warrant (EAW) is a judicial decision issued by a competent authority of an EU Member State, requesting the arrest and surrender of an individual for the purpose of conducting a criminal prosecution or executing a custodial sentence or detention order. To issue a European Arrest Warrant, certain requirements must be met: The […]
The Role of International Law in Global Relations
International law is the fundamental pillar that regulates relationships between states, international organizations, and individuals. Based on treaties, custom, and general principles, its purpose is to ensure global cooperation and human rights protection. The Main Sources of International Law According to Article 38 of the Statute of the International Court of Justice, the main sources […]
The Principle of Ius Cogens and Its Impact on International Law
The concept of ius cogens represents a set of peremptory norms in international law that cannot be derogated by any treaty or agreement. These rules hold superior status and are binding on all states. Characteristics of Ius Cogens Norms Examples of Ius Cogens Norms Legal Effects of Ius Cogens If a treaty violates a ius […]
International Treaties and Conventions: Tools for State Cooperation
International treaties are binding legal instruments that regulate relationships between states and international organizations. They are fundamental for international cooperation, conflict resolution, and human rights protection. What Are International Treaties? A treaty is a written agreement between states governed by international law. It can have various names, including conventions, protocols, agreements, pacts, and declarations. Main […]