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aut dedere aut judicare
In law, the principle of ''aut dedere aut judicare'' (Latin for "extradite or prosecute") refers to the legal obligation of states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. This obligation arises regardless of the extraterritorial nature of the crime and regardless of the fact that the perpetrator and victim may be of alien nationality.〔Hall, Stephen, ''International Law'' (2006) 2nd ed., Butterworths Tutorial Series, LexisNexis Butterworths〕
==Rationale==
The rationale for this principle is to ensure that there are no jurisdictional gaps in the prosecution of internationally committed crimes. It is, however, unusual for states to be required to exercise this jurisdiction because often another state party will have an interest in the matter, and so will apply for extradition of the defendant(s). In this situation the state requesting extradition will have priority.
The obligation of ''aut dedere aut judicare'' for all crimes is however not assured, and Stigall notes that "some contemporary scholars hold the opinion that ''aut dedere aut judicare'' is not an obligation under customary international law but rather “a specific conventional clause relating to specific crimes” and, accordingly, an obligation that only exists when a state has voluntarily assumed the obligation." But in the international crimes for which it is applied, it is "posited (Cherif Bassiouni ) that ... it is not only a rule of customary international law but a ''jus cogens'' principle", compelling states to invoke it for any and all crimes that fall under the principle; Kelly finds within Israeli and Austrian judicial decisions "some supporting anecdotal evidence that judges within national systems are beginning to apply the doctrine on their own."〔 In , p. 16.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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