The Effectiveness of the Principle of Extradite or Prosecute for the Fight Against Impunity for Serious Violations of International Humanitarian Law

Abstract

The principle of extradition or trial is important and effective in the fight against impunity, which obliges States to redouble their efforts to overcome all obstacles to extradition or trial, which raises the question of whether it matters not to dispose of both parts of the principle. Or not? To address the problem, we followed the analytic approach and achieved the following results: The customary character of the principle made it fertile ground for non-compliance by States. - The third possibility of extraditing the accused to an international criminal court if he is not extradited to the requesting State or prosecuted in the State on whose territory he is remains a mere opinion and a request by certain States. - The scope of the application of this principle to crimes under international humanitarian law has not yet reached the required level, even if the very part of this principle is essentially accidental and unclear. - Legal obstacles are really measures that limit the effectiveness of the application of the principle.