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Extradition and international crime

23 July 2015

What happens in Vegas stays in Vegas – unless you get extradited to stand trial there

Wimbledon, Proms in the Park and rain soaked jugs of Pimms at well intentioned barbeques – there are some things you can bank on in a British summer. Uninterrupted sunshine, however, is sadly not on the list and many of us will be counting down the days until our trip abroad to ensure we soak up some well needed vitamin D. 

23 July 2015

The arrest of General Karake – implications for the exercise of universal jurisdiction

The case of Karenzi Karake, head of Rwanda’s intelligence services, will have significant legal and political consequences. The case is fraught with complications and illustrates the difficulties inherent in the exercise of universal jurisdiction. 

25 June 2015

Al-Bashir controversy: has standing of the ICC increased?

Some will argue that the protests following events in South Africa show the world cares about the Hague court.

Sudanese president Omar al-Bashir seemingly owes much to his influential friends in South Africa. Last week he hurriedly returned home from Johannesburg in defiance of a South African court order preventing him from doing so, pending a decision whether to enforce the outstanding arrest warrants of the International Criminal Court (ICC).

Michael Caplan KC

18 May 2015

Polish judicial Authority v Celinski: the end of Article 8 in extradition?

On 6 May the Administrative Court (consisting of Lord Thomas CJ, Ryder LJ and Ouseley J) handed down judgment in the case of Celinski and others, and established the proper approach to be taken in extradition cases (both at first instance and on appeal) where a requested person relies on Article 8 of the European Convention on Human Rights (the right to private and family life). 

Ed Smyth

29 April 2015

Private prosecutions for crimes of Universal Jurisdiction

Private prosecutions are a historic feature of the criminal justice system, and have persisted despite the creation first of the Director of Public Prosecutions (DPP) in 1879 and later of the Crown Prosecution Service (CPS) in 1986.

The first procedural step for any private prosecutor is to lay an information at a magistrates’ court. Section 1 of the Magistrates’ Courts Act 1980 governs such courts’ issuing of process; that is, on the laying of an information, the issue of a summons or an arrest warrant concerning the person named in the information (the suspect), in order to bring the person before the court to answer to the allegation...
 

Ed Smyth

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