Version classiqueVersion mobile
OpenEdition Books

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

 | 
Claire Mitchell

Annex 4

Texte intégral

General Assembly Resolutions

No. 1 –Safety and security of humanitarian personnel and protection of United Nations personnel

1Resolution – UN Doc. No.: A/RES/61/133

2Date: 14.12.2006

3Voting: Without vote

4Provision: Recommends that the Secretary-General continue 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 the operation, 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-mission, host country agreements and other related agreements negotiated between the United Nations and those countries, mindful of the importance of the timely conclusion of such agreements, and encourages further efforts in this regard;

No. 2 –The United Nations Global Counter-Terrorism Strategy : Resolution Adopted by the General Assembly 

5Resolution – UN Doc. No.: A/RES/60/288

6Date: 20.09.2006

7Voting: Without vote

8Provision: We resolve to undertake the following measures to prevent and combat terrorism, in particular by denying terrorists access to the means to carry out their attacks, to their targets and to the desired impact of their attacks: …  2. To cooperate fully in the fight against terrorism, in accordance with our 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 perpetration of terrorist acts or provides safe havens;
We resolve to undertake the following measures, reaffirming that the promotion and protection of human rights for all and the rule of law is essential to all components of the Strategy, recognizing that effective counter-terrorism measures and the protection of human rights are not conflicting goals, but complementary and mutually reinforcing, and stressing the need to promote and protect the rights of victims of terrorism: …
4. To make every effort to develop and maintain an effective and rule of law-based national criminal justice system that can ensure, in accordance with our obligations under international law, that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in support of terrorist acts is brought to justice, on the basis of the principle to extradite or prosecute, with due respect for human rights and fundamental freedoms, and that such terrorist acts are established as serious criminal offences in domestic laws and regulations. We recognize that States may require assistance in developing and maintaining such effective and rule of law-based criminal justice systems, and we encourage them to resort to the technical assistance delivered, inter alia, by the United Nations Office on Drugs and Crime;

No. 3 –Human rights and terrorism

9Resolution – UN Doc. No.: A/RES/56/160

10Date: 13.02.2002

11Voting: 102:0:69

12Provision: Emphasizing also the importance of Member States taking appropriate steps to deny safe haven to those who plan, finance or commit terrorist acts by ensuring their apprehension and prosecution or extradition,

No. 4 –Human Rights and Terrorism

13Resolution – UN Doc. No.: A/RES/54/164

14Date: 24.02.2000

15Voting: 106:0:58

16Provision: Emphasizing the importance of Member States taking appropriate steps to deny safe haven to those who plan, finance or commit terrorist acts, by ensuring their apprehension and prosecution or extradition,

No. 5 –United Nations Declaration on Crime and Public Security

17Resolution – UN Doc. No.: A/RES/51/60

18Date: 28.01.1997

19Voting: Without vote

20Provision:A.3. Member States shall take measures to prevent support for and operations of criminal organizations in their national territories. Member States shall, to the fullest possible extent, provide for effective extradition or prosecution of those who engage in serious transnational crimes in order that they find no safe haven.

No. 6 –Measures to eliminate international terrorism

21Resolution – UN Doc. No.:A/RES/51/210

22Date: 16.01.1997

23Voting: Without vote

24Provision: 5. The States Members of the United Nations reaffirm the importance of ensuring effective cooperation between Member States so that those who have participated in terrorist acts, including their financing, planning or incitement, are brought to justice; they stress their commitment, in conformity with the relevant provisions of international law, including international standards of human rights, to work together to prevent, combat and eliminate terrorism and to take all appropriate steps under their domestic laws either to extradite terrorists or to submit the cases to their competent authorities for the purpose of prosecution;

No. 7 –Measures to eliminate terrorism

25Resolution – UN Doc. No.: A/RES/49/60

26Date: 17.02.1995

27Voting: Without vote

28Provision: States must also fulfil their obligations under the Charter of the United Nations and other provisions of international law with respect to combating international terrorism and are urged to take effective and resolute measures in accordance with the relevant provisions of international law and international standards of human rights for the speedy and final elimination of international terrorism, in particular: ... 5.(b) To ensure the apprehension and prosecution or extradition of perpetrators of terrorist acts, in accordance with the relevant provisions of their national law;

No. 8 –General Assembly Declaration on the Protection of All Persons from Enforced Disappearance

29Resolution – UN Doc. No.: A/RES/47/133

30Date: 18.12.1992

31Voting: Without vote

32Provision: Any person alleged to have perpetrated an act of enforced disappearance in a particular State shall, when the facts disclosed by an official investigation so warrant, be brought before the competent civil authorities of that State for the purpose of prosecution and trial unless he has been extradited to another State wishing to exercise jurisdiction in accordance with the relevant international agreements in force. All States should take any lawful and appropriate action available to them to bring to justice all persons presumed responsible for an act of enforced disappearance, who are found to be within their jurisdiction or under their control.

No. 9 –Measures to eliminate terrorism

33Resolution – UN Doc. No.: A/RES/46/51

34Date: 09.12.1991

35Voting: Without vote

36Provision: Urges all States to fulfill their obligations under international law and take effective and resolute measures for the speedy and final elimination of international terrorism and to that end, in particular: ... 4.(b) To ensure the apprehension and prosecution or extradition of perpetrators of terrorist acts

No. 10 –Measures to prevent international terrorism

37Resolution – UN Doc. No.: A/RES/44/29

38Date: 04.12.1989

39Voting: Without vote

40Provision: Urges all States to fulfill their obligations under international law and take effective and resolute measures for the speedy and final elimination of international terrorism and to that end, in particular: ... 4.(b) To ensure the apprehension and prosecution or extradition of perpetrators of terrorist acts

No. 11 –Measures to prevent international terrorism

41Resolution – UN Doc. No.: A/RES/42/159

42Date: 07.12.1987

43Voting: 153:2:1

44Provision: Urges all States to fulfill their obligations under international law and take effective and resolute measures for the speedy and final elimination of international terrorism and to that end, in particular: ... 4.(b) To ensure the apprehension and prosecution or extradition of perpetrators of terrorist acts

No. 12 –Measures to prevent international terrorism

45Resolution – UN Doc. No.: A/RES/40/61

46Date: 09.12.1985

47Voting: Without vote

48Provision: 8. Also urges all States to co-operate with one another more closely, especially through the exchange of relevant information concerning the preventing and combating of terrorism, the apprehension and prosecution or extradition of the perpetrators of such acts, the conclusion of special treaties and/or the incorporation into appropriate bilateral treaties of special clauses, in particular regarding the extradition or prosecution of terrorists;

No. 13 –Measures to prevent international terrorism

49Resolution – UN Doc. No.: A/RES/38/130

50Date: 19.12.1983

51Voting: Without vote

52Provision: 6. Urges all States to co-operate with one another more closely, especially through the exchange of relevant information concerning the preventing and combating of terrorism, the apprehension and prosecution of the perpetrators of such acts, the conclusion of special treaties and/or the incorporation into appropriate bilateral treaties of special clauses, in particular regarding the extradition or prosecution of terrorists;

No. 14 –Measures to prevent international terrorism

53Resolution – UN Doc. No.: A/RES/34/145

54Date: 17.12.1979

55Provision: 11. Urges all States to co-operate with one another more closely, especially through the exchange of relevant information concerning the prevention and combating of international terrorism, the conclusion of special treaties and/or the incorporation into appropriate bilateral treaties of special clauses, in particular regarding the extradition or prosecution of international terrorists;

Acheter

Volume papier

amazon.fr