Extradition Of War Criminals To International Tribunals
1. Overview of Extradition of War Criminals
Extradition is the formal process where one country surrenders an individual to another country or an international tribunal for prosecution. Extradition of war criminals is particularly sensitive because it involves:
Crimes against humanity
Genocide
War crimes
Crimes under international humanitarian law
Legal frameworks include:
International treaties:
1949 Geneva Conventions
Rome Statute of the International Criminal Court (ICC)
UN Security Council Resolutions establishing ad hoc tribunals
Ad hoc tribunals:
International Criminal Tribunal for the former Yugoslavia (ICTY)
International Criminal Tribunal for Rwanda (ICTR)
National laws: Countries often incorporate international law obligations into domestic law, allowing extradition.
Key principles governing extradition:
Dual criminality (act is a crime in both countries)
Non-refoulement (cannot extradite if person faces inhumane treatment)
Political offence exception (war crimes are not considered political offences)
2. Detailed Case Law Examples
Case 1: The Arrest and Extradition of Radovan Karadžić (ICTY, 2008)
Facts:
Radovan Karadžić, former Bosnian Serb leader, was indicted for genocide and crimes against humanity during the Bosnian War. He was arrested in Belgrade and extradited to the ICTY in The Hague.
Legal Issue:
Extradition of a high-profile war criminal to an international tribunal under ICTY statute and UN Security Council authority.
Court/Tribunal Ruling:
The ICTY confirmed jurisdiction and conducted the trial. Karadžić was convicted and sentenced to life imprisonment.
Significance:
Set precedent that political leaders can be extradited for war crimes and held accountable internationally.
Case 2: Slobodan Milošević (ICTY, 2001)
Facts:
Slobodan Milošević, former President of Yugoslavia, was charged with genocide, crimes against humanity, and war crimes in Kosovo, Bosnia, and Croatia.
Legal Issue:
Extradition from Serbia to the ICTY, balancing sovereignty concerns with international obligations.
Ruling:
Serbia’s government extradited Milošević after domestic debates. He faced trial at ICTY but died in 2006 before a verdict.
Significance:
Demonstrated the tension between national sovereignty and international criminal law obligations.
Case 3: Jean-Paul Akayesu (ICTR, 1998)
Facts:
Akayesu, former mayor in Rwanda, was charged with genocide and crimes against humanity during the 1994 Rwandan Genocide.
Legal Issue:
Extradition from Rwanda to ICTR in Arusha, Tanzania, under UN Security Council Resolution 955.
Ruling:
Akayesu was extradited and later convicted of genocide, marking the first conviction for genocide by an international tribunal.
Significance:
Set a landmark precedent for accountability for municipal officials and mayors in genocide cases.
Case 4: Hissène Habré (Senegal to ICC/Extraordinary Chambers, 2016)
Facts:
Hissène Habré, former Chadian president, was accused of war crimes, crimes against humanity, and torture.
Legal Issue:
Extradition from Senegal to a specially established African Union-backed tribunal (Extraordinary African Chambers).
Ruling:
Senegal extradited Habré, and he was convicted and sentenced to life imprisonment.
Significance:
Illustrated regional tribunals working with national courts to ensure justice for war crimes.
Case 5: Ratko Mladić (ICTY, 2011)
Facts:
Ratko Mladić, Bosnian Serb military commander, was indicted for genocide, crimes against humanity, and war crimes.
Legal Issue:
Extradition from Serbia to ICTY after years in hiding.
Ruling:
Mladić was arrested in 2011, extradited, and later convicted in 2017.
Significance:
Highlighted challenges in tracking and extraditing fugitives for international crimes.
Case 6: Radislav Krstić (ICTY, 2001)
Facts:
Krstić, a Bosnian Serb general, participated in the Srebrenica massacre.
Legal Issue:
Extradition from Bosnia and Herzegovina to ICTY.
Ruling:
Convicted of aiding and abetting genocide, sentenced to 46 years imprisonment.
Significance:
Illustrates that even military officers can be extradited and held accountable under international law.
3. Key Principles from Case Law
Extradition for war crimes is mandatory under UN resolutions and tribunal statutes.
Political position does not grant immunity; heads of state can be extradited.
Dual criminality is satisfied because war crimes, genocide, and crimes against humanity are universally recognized offences.
Challenges include sovereignty and domestic legal hurdles, often resolved via international pressure or treaties.
Regional and ad hoc tribunals complement international tribunals in prosecuting war criminals.
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