blog




  • Essay / Combating Aganist Transnational Organized Crime - 1943

    1. Introduction Human rights have reached important stages of development since World War II and have become an influential factor in international relations. At the same time, transnational crime has seen a significant increase. In this sense, the international community has responded by establishing solid legal mechanisms and intensifying the process of preparing international agreements for the creation of a more favorable climate. Extradition is considered an effective tool in the fight against transnational organized crime. There are inevitably disagreements on the inclusion of human rights in the extradition process in terms of international treaties and countries' national laws. More importantly, the extradition process involves aspects of international law, politics, criminal law and human rights, so it is very difficult to take all these aspects into consideration. The Soering v. On this point, the United Kingdom is a leading case in the field of the interaction between international criminal law and fundamental human rights. Of course, international criminal law covers different mechanisms for repressing transnational crimes, but this system also presents weaknesses in certain cases where the human rights factor appears more sensitive. States have an obligation to combat transnational crimes through cooperation, but it is unacceptable that human rights violations are committed during the extradition of suspects. According to these crucial points, the human rights factor is of great importance today more than ever. American realist jurists have often stated that setting a fair balance with respect to common interests, recognizing clear mechanisms and standards indicates great value middle of paper......difficult situations are the priority. the non-extradition of nationals, particularly those of civil law tradition, seems more sensitive in this question. Some commentators suggest that a person's native country has the power to punish its citizen being prosecuted for any crime, regardless of where it may occur. This formula is called aut dedere aut punire (to prosecute or extradite) and was invented by Hugo Grotius. This possible tool plays an important role in regulating difficult situations, but this policy is often criticized due to several shortcomings: 1) Ignorance of the trial in one's native country. 2) False prosecutions. 3) Reliability of the trial as the object of the crime and the witnesses are in a different location. Similarly, prosecutions of suspects in a requested State do not meet international standards and the expectations of a requesting State in some cases..