"Or Extradition Or Prosecution" Principle Study

Aut dedere aut judicare is an important principle in extradition system. Because this principle has been used more frequently, countries have different understand about this principle in domestic legislation and practice. Belgium v. Senegal case concerning the Obligation to Prosecute or Extradite is one typical example.Therefore, this study will be based on Belgium v. Senegal case, international treaties, Chinese and foreign scholars’ point of view, using Case study method, comparative study method and historical research method in order to move further in the aut dedere aut judicare principle. This study will give some opinions and suggestions on China’s diplomatic negotiations and extradition judicatory practice.This paper is divided into four parts:In the first part, this paper will study the status of aut dedere aut judicare principle in international law. It will be concluded that aut dedere aut judicare has not yet become customary international law based on different views of scholars.In the second part, this paper will show that whether some scholar agree or disagree universal jurisdiction becomes the condition of aut dedere aut judicare. It will be concluded that universal jurisdiction should be a basement of this principle.In the third part, this paper will deal with the standard of extradite and prosecute. The paper will also study that “extradition obligations” in front of “prosecution obligations” is more in line with the international law.In the last part, this paper will give some suggestion to China about aut dedere aut judicare principle in the immunity of former head of state and the application of the Torture Convention.