Version classiqueVersion mobile
OpenEdition Books

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

 | 
Claire Mitchell

Annex 2

Texte intégral

Security Council resolutions referring to the extradite or prosecute clause

No. 1Security Council Resolution 1738 (2006)

1Date: 23.12.2006

2Topic: Protection of civilians in armed conflict

3Ch. VII?: No

4Provision:Recalling that the States Parties to the Geneva Conventions have an obligation to search for persons alleged to have committed, or to have ordered to be committed a grave breach of these Conventions, and an obligation to try them before their own courts, regardless of their nationality, or may hand them over for trial to another concerned State provided this State has made out a prima facie case against the said persons, 7. Emphasizes the responsibility of States to comply with the relevant obligations under international law to end impunity and to prosecute those responsible for serious violations of international humanitarian law.

No. 2Security Council Resolution 1674 (2006)

5Date: 28.04.2006

6Topic: Protection of civilians in armed conflict

7Ch. VII?: No

8Provision: 23. Condemns all attacks deliberately targeting United Nations and associated personnel involved in humanitarian missions, as well as other humanitarian personnel, urges States on whose territory such attacks occur to prosecute or extradite those responsible, and welcomes in this regard the adoption on 8 December 2005 by the General Assembly of the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel.

No. 3Security Council Resolution 1624 (2005)

9Date: 14.09.2005

10Topic: Threats to international peace and security (Security Council Summit 2005)

11Ch. VII?: No

12Provision:Recalling that all States must cooperate fully in the fight against terrorism, in accordance with their obligations under international law, in order to find, deny safe haven and bring to justice, on the basis of the principle of extradite or prosecute, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or commission of terrorist acts or provides safe havens.

No. 4Security Council Resolution 1566 (2004)

13Date:08.04.2004

14Topic:Threats to international peace and security caused by terrorist acts

15Ch. VII?:Yes

16Provision:Acting under Chapter VII of the Charter of the United Nations, … 2. Calls upon States to cooperate fully in the fight against terrorism, especially with those States where or against whose citizens terrorist acts are committed, in accordance with their obligations under international law, in order to find, deny safe haven and bring to justice, on the basis of the principle to extradite or prosecute, any person who supports, facilitates, participates or attempts to participate in the financing, planning, preparation or commission of terrorist acts or provides safe havens.

No. 5Security Council Resolution 1502 (2003)

17Date: 26.08.2003

18Topic: Protection of United Nations personnel, associated personnel and humanitarian personnel in conflict zones

19Ch. VII?: No

20Provision:5. Expresses its determination to take appropriate steps in order to ensure the safety and security of humanitarian personnel and United Nations and its associated personnel, including, inter alia, by: (a) Requesting the Secretary-General to seek the inclusion of, and that host countries include, key provisions of the Convention on the Safety of United Nations and Associated Personnel, among others, those regarding the prevention of attacks against members of United Nations operations, the establishment of such attacks as crimes punishable by law and the prosecution or extradition of offenders, in future as well as, if necessary, in existing status-of-forces, status-of-missions and host country agreements negotiated between the United Nations and those countries, mindful of the importance of the timely conclusion of such agreements.

No. 6Security Council Resolution 1456 (2003)

21Date: 20.01.2003

22Topic: High-level meeting of the Security Council: combating terrorism

23Ch. VII?: No

24Provision:States must bring to justice those who finance, plan, support or commit terrorist acts or provide safe havens, in accordance with international law, in particular on the basis of the principle to extradite or prosecute.

No. 7Security Council Resolution 1333 (2000)

25Date: 19.12.2000

26Topic: Measures against the Taliban

27Ch. VII?: Yes

28Provision:Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists.

No. 8Security Council Resolution 1269 (1999)

29Date: 19.10.1999

30Topic: The responsibility of the Security Council in the maintenance of international peace and security

31Ch. VII?: No

32Provision:4. Calls upon all States to take, inter alia, in the context of such cooperation and coordination, appropriate steps to: … - deny those who plan, finance or commit terrorist acts safe havens by ensuring their apprehension and prosecution or extradition.

No. 9Security Council Resolution 1267 (1999)

33Date: 15.10.1999

34Topic: Measures against the Taliban

35Ch. VII?: Yes

36Provision:Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists.