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Prosecute ("aut dedere aut judicare"), 15, [paragraph] 49,
128) One example of this is the inclusion in some treaties of dispositions that give effect to the principle of aut dedere aut judicare (extradite or prosecute).
113) Equally significant, certain treaties include provisions aut dedere aut judicare, which require states to "extradite or prosecute" those who violate the treaty, and there is an emerging understanding in customary law that those who commit crimes against humanity are subject to the same obligation even if it is not contained in a treaty.
423) In those instruments, States Party undertook the obligation either to extradite the offender found in their territory or "submit the case to its competent authorities for the purpose of prosecution," (424) thus applying the Roman law principle aut dedere aut judicare.
Moreover, any non-self-defensive use of force at sea by a private vessel would qualify as piracy under UNCLOS and/or crimes at sea under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA), and therefore subject the aggressor ship to universal or aut dedere aut judicare jurisdiction.
This duty has been recognized especially in modern international criminal law treaties and has long been part of customary international law expressed, for example, as the duty aut dedere aut judicare (i.
Dans le meme ordre d'idees, certaines Conventions internationales de lutte contre le terrorisme font obligation a tous les Etats parties de juger l'auteur d'un acte terroriste ou de l'extrader conformement au principe d'aut dedere aut judicare, c'est-a-dire l'obligation d'extrader ou de poursuivre l'auteur de l'acte terroriste.
From this theory sprang the doctrine of aut dedere aut judicare, which held each state responsible for either prosecuting captured pirates or extraditing them to a competent authority for prosecution.
4) These provisions include the so-called "prosecute or extradite" requirement, expressed in Latin as aut dedere aut pedire.
Contemporary Problems of Extradition: Human Rights, Grounds for Refusal and the Principle Aut Dedere Aut Judicare, Available from: http: //www.
The consequence of this fact is the universal jurisdiction of the states and erga omnes obligation for aut dedere aut judicare (cited by J.
23) One of the major achievements of the Torture Convention involves the formal evocation of the criminal nature of the practice alongside the application of the principle aut dedere aut judicare, an obligation on State Parties to either punish those who commit torture or to extradite alleged violators.