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Analytical Guide


Obligation to extradite or prosecute (aut dedere aut judicare)

last update: 19 January 2012

A. Mandate

    - 2004 recommendation of the Working-Group on the long-term programme of work (See syllabus: A/59/10 (E, F, S, R, C, A))
    - G.A. Res. 59/41 of 2 December 2004 (E, F, S, R, C, A)
    - G.A. Res. 60/22 of 23 November 2005
    (E, F, S, R, C, A)

B. Studies undertaken by the Secretariat and Reports of the Secretary-General

    1. 62nd session of the International Law Commission (2010)
      - Survey of multilateral conventions which may be of relevance for the Commission’s work on the topic “The obligation to extradite or prosecute (aut dedere aut judicare)”: Study of the Secretariat
- U.N. Doc. A/CN.4/630 (F, S, R, C, A)
C. Reports of the Working Group or Sub-Committee 
    None
D. Reports of the Special Rapporteur 
    1. Consideration of the universality of suppression and the universality of jurisdiction, universal jurisdiction and the obligation to extradite or prosecute, the sources of the obligation to extradite or prosecute, and the scope of the obligation to extradite or prosecute. Discussion on methodological questions and a proposal for a preliminary plan of action
      - Preliminary Report of the Special Rapporteur, Mr. Zdzislaw Galicki (58th session of the ILC (2006))
- U.N. Doc. A/CN.4/571 (F, S, R, C, A)
- ILC Report, A/61/10, 2006, chp. XI, paras. 214 - 232
    2. Consideration of the universality of suppression and the universality of jurisdiction, universal jurisdiction and the obligation to extradite or prosecute, the sources of the obligation to extradite or prosecute, and the scope of the obligation to extradite or prosecute. Discussion on methodological questions and a proposal for a preliminary plan of action
      - Second Report of the Special Rapporteur, Mr. Zdzislaw Galicki (59th session of the ILC (2007))
- U.N. Doc. A/CN.4/585 (F, S, R, C, A) and Corr.1 (F, S, R, C, A)
- ILC Report, A/62/10, 2007, chp.IX , paras. 348 - 368
    3. Summary of the discussion of the topic at the fifty-ninth session of the International Law Commission, as well as of comments and information received from Governments, and the discussion on the obligation to extradite or prosecute held in the Sixth Committee during the sixty-second session of the General Assembly. Proposal on draft rules on the obligation to extradite or prosecute (Scope of application of the draft articles, use of terms, and a treaty as a basis for the obligation to extradite or prosecute)
      - Third Report of the Special Rapporteur, Mr. Zdzislaw Galicki (60th session of the ILC (2008))
- U.N. Doc. A/CN.4/603 (F, S, R, C, A)
- ILC Report, A/63/10, 2008, chp.XI , paras. 316-332
    4. Summary of the consideration of the topic at the sixty-second session of the International Law Commission (2010) and of discussions in the Sixth Committee during the sixty-fifth session of the General Assembly and consideration of the sources of the obligation to extradite or prosecute
      - Fourth Report of the Special Rapporteur, Mr. Zdzislaw Galicki (63rd session of the ILC (2011))
- U.N. Doc. A/CN.4/648 (F, S, R, C, A)
- ILC Report, A/66/10, 2011, chp.X , paras. 294-332

   
E. Reports of the Drafting Committee 
    None 
F. Comments by Governments 
    1. 59th session of the International Law Commission (2007)
      - Comments and information received from Governments
- U.N. Doc. A/CN.4/579 (F, S, R, C, A) and Add.1 (F, S, R, C, A), Add.2 (F, S, R, C, A), Add.3 (F, S, R, C, A) and Add.4 (F, S, R, C, A)
    2. 60th session of the International Law Commission (2008)
      - Comments and information received from Governments
- U.N. Doc. A/CN.4/599 (F, S, R, C, A)
    3. 61st session of the International Law Commission (2009)
      - Comments and information received from Governments
- U.N. Doc. A/CN.4/612 (F, S, R, C, A)
G. Other 
1. 62nd session of the International Law Commission (2010)

- Bases for discussion in the Working Group, paper prepared by Mr. Zdzislaw Galicki, Special Rapporteur

 

- U.N. Doc. A/CN.4/L.774 (F, S, R, C, A)
H. Reports of the International Law Commission 
    1. Report of the International Law Commission on the work of its fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
      - Decided to include the topic in its programme of work and appointed Mr. Zdzislaw Galicki as Special Rapporteur.  
      - Discussion in Plenary: 2865th (F) mtg (4 August 2005) 
- ILC Report, A/60/10, 2005, Chp. XII, para. 500
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A))

    2. Report of the International Law Commission on the work of its fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
- ILC Report, A/61/10, 2006, Chp. XI, paras. 212 - 232
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))

    3. Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
      - The Commission had before it the second report of the Special Rapporteur (A/CN.4/585 and Corr.1), as well as comments and information received from
      Governments (A/CN.4/579 and Add.1-4). .
      - Discussion in Plenary: 2945th (F), 2946th (F) and 2947th (F) mtgs, from 31 July to 3 August 2007
- ILC Report, A/62/10, 2007, Chp. IX, paras. 345 -368
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))

    4. Report of the International Law Commission on the work of its sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
      - At the present session, the Commission had before it the third report of the Special Rapporteur (A/CN.4/603), as well as comments and information received from Governments (A/CN.4/599).
      - At its 2988th (F) meeting, on 31 July 2008, the Commission decided to establish a Working Group on the topic under the chairmanship of Mr. Alain Pellet.
      - Discussion in Plenary: 2984th (F), 2987th (F) and 2988th (F) on 24, 30 and 31 July 2008
- ILC Report, A/63/10, 2008, Chp. XI, paras. 312 -332
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))

    5. Report of the International Law Commission on the work of its sixty-first session, 4 May to 5 June and 6 July to 7 August 2009   

      - The Commission had before it comments and information received from Governments (A/CN.4/612). Pursuant to the decision taken at its sixtieth session, the Commission established, at its 3011th (F) meeting, on 27 May 2009, an open-ended Working Group on this topic under the Chairmanship of Mr. Alain Pellet. At its 3029th (F) meeting, on 31 July 2009, the Commission took note of the oral report presented by the Chairman of the Working Group.
      - Discussion in Plenary: 3029th (F) mtg, on 31 July 2009.

- ILC Report, A/64/10, 2009, Chp. IX, paras. 194-204
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A))
    6. Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010   

      - The Commission reconstituted the Working Group on the obligation to extradite or prosecute (aut dedere aut judicare), which, in the absence of its chairman, was chaired by Mr. Enrique Candioti. At its 3071st meeting, on 30 July 2010, the Commission took note of the oral report presented by the temporary Chairman of the Working Group.
      - Discussion in Plenary: 3071st (F) mtg, on 30 July 2010.

- ILC Report, A/65/10, 2010, Chp. VIII, paras. 332-340
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638 (E, F, S, R, C, A))
    7. Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011   

      - The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/648). The Commission considered the report at its 3111th to 3113th and 3115th meetings from 25 to 27 and 29 July 2011.
      - Discussion in Plenary: 3111th (F), 3112nd (F), 3113th (F) and 3115th (F) mtgs (25 to 27 and 29 July 2011).

- ILC Report, A/66/10, 2011, chp.X , paras. 290-332
- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (forthcoming)
I. General Assembly Action 
    Res. 60/22 of 23 November 2005 (E, F, S, R, C, A)
      - Endorsed the decision of the International Law Commission to include the topic in its programme of work.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560) (E, F, S, R, C, A))
    Res. 61/34 of 4 December 2006 (E, F, S, R, C, A)
      - Invited Governments to provide to the International Law Commission information on legislation and practice regarding the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577 (E, F, S, R, C, A) and Add.1 (E, F, S, R, C, A) and Add.2 (E, F, S, R, C, A))
    Res. 62/66 of 6 December 2007 (E, F, S, R, C, A)
      - Invited Governments to provide information to the International Law Commission on the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588 (E, F, S, R, C, A))
    Res. 66/98 of 9 December 2011 (E, F, S, R, C, A)
      - Invited the International Law Commission to continue to give priority to, and work towards the conclusion of the topic.

 

- See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (forthcoming)
   
J. Final Outcome 

None

 

 

 

 

 

 

 

 

 

 



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