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- Title
Undesirable but Unreturnable.
- Authors
Gilbert, Geoff
- Abstract
The fight against international crimes takes place at many levels, not just before the ad hoc tribunals and the International Criminal Court (ICC). Nor are international crimes limited to the crimes prosecuted before those courts. This article considers how extradition and other forms of rendition might be utilized to ensure the transfer of an undesirable alien, particularly one who is excluded from refugee status, to the ICC or to a third state. In undertaking this analysis, the article also has regard to those cases where the undesirability of an individual only comes to light through an extradition request after refugee status was already granted to her or him. In this context, states have three sets of overlapping obligations: the ICC Statute or extradition treaties require states to surrender certain individuals; international refugee law and international human rights law require states to protect those within their jurisdiction from refoulement; international refugee law further imposes an obligation to exclude from non-refoulement, those who are deemed unworthy based on certain types of criminal activity. The undesirability of the individual in question is but a side factor in balancing these competing claims on the state.
- Subjects
INTERNATIONAL crimes; INTERNATIONAL Criminal Court; LEGAL status of noncitizens; HUMAN rights; INTERNATIONAL Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; ACTIONS &; defenses (Law)
- Publication
Journal of International Criminal Justice, 2017, Vol 15, Issue 1, p55
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqx003