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Extradition and international crime

7 April 2022

KN's Cross Border Criminal Law Conference on 5 May 2022 | Panel Discussion: 20 years since the Pinochet case – the current state of universal jurisdiction in the UK

The Prime Minister recently committed the UK’s support to achieving justice in respect of the war crimes allegations arising out of the Ukraine conflict. The conflict and associated allegations raise questions over the UK’s commitment and ability to bring prosecutions under the doctrine of “universal jurisdiction”. Universal jurisdiction describes the jurisdiction that is available in the national courts of many countries to prosecute individuals for the most serious international crimes, even if those crimes occurred abroad and neither the defendants nor victims have any connection to that country. Why only a few such prosecutions have taken place in the UK will be the topic of one of two panel discussions at Kingsley Napley’s Cross Border Criminal Law Conference on 5 May 2022.

Jonathan Grimes

4 April 2022

International Criminal Law Quarterly Round-Up: Q1 2022

This quarterly international criminal law update provides a summary of the news stories in the period January – March 2022. The relevance of international criminal law has been tragically highlighted by the current events in the Ukraine. This fast moving event has been covered below, along with a number of other international criminal law updates.

2 March 2022

Is Russia now facing suspension from INTERPOL?

On 28 February 2022, the UK Home Secretary Priti Patel announced to parliament that the UK would be ‘leading all international efforts’ to suspend Russia’s membership of INTERPOL.  

This came moments before the Ukrainian minister of internal affairs, Denis Monastyrsky, made a public statement demanding Russia’s immediate expulsion from the organisation for “violating its basic principles and massive misuse of tools and services to cover up its crimes and persecute political enemies, particularly in Ukraine.”

Maeve Keenan

8 February 2022

Extradition post-Brexit: the Irish questions answered

On 16 November the CJEU delivered its judgment following the publication of the Advocate General’s opinion on the UK-Ireland extradition questions which we wrote about here. The decision concerned the mechanisms for extradition to the UK from Ireland in two scenarios (1) under the terms of the withdrawal agreement from 1 February to 31 December 2020 and (2) under the EU-UK Trade and Cooperation Agreement (“TCA”) from 1 January 2021.

The judgment confirms the AG’s Opinion that Ireland is bound by the withdrawal agreement and the TCA (“the agreements”) in respect of extradition arrangements with the UK and accordingly extradition from Ireland to the UK post-Brexit will continue under those terms.

Áine Kervick

15 November 2021

Extradition post-Brexit: the Irish questions

On 9 November 2021 Advocate General Kokott handed down her opinion in respect of Case C-479/21 concerning Mr Sn and Mr Sd following a reference from the Irish Supreme Court which was made on 3 August 2021. Her opinion stated that the provisions of the Withdrawal Agreement and TCA which ensure the continuation of the European arrest warrant regime in respect of warrants issued by the United Kingdom (“UK”) during the transition period are binding on Ireland.

Áine Kervick

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