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Analytical Guide


Obligation to extradite or prosecute (aut dedere aut judicare)

last update: 18 August 2008

A. Mandate

    - 2004 recommendation of the Working-Group on the long-term programme of work
    - 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

     None
 
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)

   
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)
   
G. Other 
    None
 
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, par.500  

    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
      - Consideration of the preliminary report of the Special Rapporteur.
      - Discussion in Plenary: 2899th (F), 2900th (F), 2901st (F), 2902nd (F) and 2903rd (F) meetings, held from 25 July to 2 August 2006.
- ILC Report, A/61/10, 2006, chp. XI, paras. 212 - 232

    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

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.

 

    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.

 

    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.

 

J. Final Outcome 

None

 

 

 

 

 

 

 

 

 

 



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