Examining the Impact of Implementing the Principle of “Aut Dedere, Aut Judicare” (Extradite or Prosecute) in Combating Impunity for Criminals Perpetrating International Crimes

Abstract

Prosecution and punishment serve as essential tools in preventing crimes and international offenses to a significant extent. However, the characteristics of the global community often facilitate impunity for perpetrators of such crimes, and fundamental traditional principles of international law have frequently enabled the escape of those responsible for these offenses. In recent years, particularly over the past decade, the international community has shifted its perspective from prioritizing the sovereignty of states to emphasizing the maintenance of international order and security. Consequently, this shift has led to profound transformations in the global approach to international crimes, one of which is the insistence on implementing the principle of “Extradite or Prosecute.” This insistence has reached the point where international tribunals have, in crucial cases, deviated from fundamental principles such as the principle of immunity. Since traditional principles of international law have historically contributed to impunity at the international level, this study examines the relationship between immunities—one of the most significant obstacles to prosecuting and punishing international criminals—and the principle of “Extradite or Prosecute.” The findings indicate that, unlike in the past when traditional principles took precedence over newer principles, today, maintaining international order and security has become so crucial that the principle of immunity is set aside in favor of implementing “Extradite or Prosecute.” Furthermore, we analyzed the impact of applying the principle of “Extradite or Prosecute” in combating impunity for perpetrators of international crimes. The results demonstrate that this principle has such a significant effect that its diversity and flexibility are evident in international legal instruments and judicial practice, ultimately preventing the perpetrators of international crimes from escaping justice.