International Law Commission International Law Commission

Last update: February 23, 2018

Analytical Guide to the Work of the International Law Commission

Obligation to extradite or prosecute (aut dedere aut judicare)

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

  • 62nd session of the International Law Commission (2010)
    • Survey of multilateral conventions which may be of relevance for the Commission’s work on the topic “The obligation to extradite or prosecute (aut dedere aut judicare)”: Study of the Secretariat

Reports of the Working Group or Sub-Committee

  • 65th session of the International Law Commission, (2013)
    • Report of the Working Group on the Obligation to extradite or prosecute (aut dedere aut judicare)
  • 66th session of the International Law Commission, (2014)
    • Final report of the Working Group on the Obligation to extradite or prosecute (aut dedere aut judicare)

Reports of the Special Rapporteur

  • Consideration of the universality of suppression and the universality of jurisdiction, universal jurisdiction and the obligation to extradite or prosecute, the sources of the obligation to extradite or prosecute, and the scope of the obligation to extradite or prosecute. Discussion on methodological questions and a proposal for a preliminary plan of action
    • Preliminary Report of the Special Rapporteur, Mr. Zdzislaw Galicki (58th session of the ILC (2006))
  • Consideration of the universality of suppression and the universality of jurisdiction, universal jurisdiction and the obligation to extradite or prosecute, the sources of the obligation to extradite or prosecute, and the scope of the obligation to extradite or prosecute. Discussion on methodological questions and a proposal for a preliminary plan of action
    • Second Report of the Special Rapporteur, Mr. Zdzislaw Galicki (59th session of the ILC (2007))
  • Summary of the discussion of the topic at the fifty-ninth session of the International Law Commission, as well as of comments and information received from Governments, and the discussion on the obligation to extradite or prosecute held in the Sixth Committee during the sixty-second session of the General Assembly. Proposal on draft rules on the obligation to extradite or prosecute (Scope of application of the draft articles, use of terms, and a treaty as a basis for the obligation to extradite or prosecute)
    • Third Report of the Special Rapporteur, Mr. Zdzislaw Galicki (60th session of the ILC (2008))
  • Summary of the consideration of the topic at the sixty-second session of the International Law Commission (2010) and of discussions in the Sixth Committee during the sixty-fifth session of the General Assembly and consideration of the sources of the obligation to extradite or prosecute
    • Fourth Report of the Special Rapporteur, Mr. Zdzislaw Galicki (63rd session of the ILC (2011))

Reports of the Drafting Committee

None

Comments by Governments

  • 59th session of the International Law Commission (2007)
    • Comments and information received from Governments
  • 60th session of the International Law Commission (2008)
    • Comments and information received from Governments
  • 61st session of the International Law Commission (2009)
    • Comments and information received from Governments

Other

  • 62nd session of the International Law Commission (2010)
    • Bases for discussion in the Working Group, paper prepared by Mr. Zdzislaw Galicki, Special Rapporteur

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its fifty-seventh session, 2 May to 3 June and 11 July to 5 August 2005
    • Decided to include the topic in its programme of work and appointed Mr. Zdzislaw Galicki as Special Rapporteur.
    • Discussion in Plenary: 2865th meeting (4 August 2005)
  • ILC Report, A/60/10, 2005, chap. XII, para. 500
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Report of the International Law Commission on the work of its fifty-eighth session, 1 May to 9 June and 3 July to 11 August 2006
    • Consideration of the preliminary report of the Special Rapporteur.
    • Discussion in Plenary: 2899th, 2900th, 2901st, 2902nd and 2903rd meetings, held from 25 July to 2 August 2006.
  • ILC Report, A/61/10, 2006, chap. XI, paras. 212–232
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
  • Report of the International Law Commission on the work of its fifty-ninth session, 7 May to 5 June and 9 July to 10 August 2007
    • The Commission had before it the second report of the Special Rapporteur (A/CN.4/585 and Corr.1), as well as comments and information received from Governments (A/CN.4/579 and Add.1–4).
    • Discussion in Plenary: 2945th, 2946th and 2947th meetings, from 31 July to 3 August 2007
  • ILC Report, A/62/10, 2007, chap. IX, paras. 345–368
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • Report of the International Law Commission on the work of its sixtieth session, 5 May to 6 June and 7 July to 8 August 2008
    • At the present session, the Commission had before it the third report of the Special Rapporteur (A/CN.4/603), as well as comments and information received from Governments (A/CN.4/599).
    • At its 2988th meeting, on 31 July 2008, the Commission decided to establish a Working Group on the topic under the Chairship of Mr. Alain Pellet.
    • Discussion in Plenary: 2984th, 2987th and 2988th on 24, 30 and 31 July 2008
  • ILC Report, A/63/10, 2008, chap. XI, paras. 312–332
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/606 and Add.1)
  • Report of the International Law Commission on the work of its sixty-first session, 4 May to 5 June and 6 July to 7 August 2009
    • The Commission had before it comments and information received from Governments (A/CN.4/612). Pursuant to the decision taken at its sixtieth session, the Commission established, at its 3011th meeting, on 27 May 2009, an open-ended Working Group on this topic under the Chairship of Mr. Alain Pellet. At its 3029th meeting, on 31 July 2009, the Commission took note of the oral report presented by the Chair of the Working Group.
    • Discussion in Plenary: 3029th meeting, on 31 July 2009.
  • ILC Report, A/64/10, 2009, chap. IX, paras. 194–204
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/620 and Add.1)
  • Report of the International Law Commission on the work of its sixty-second session, 3 May to 4 June and 5 July to 6 August 2010
    • The Commission reconstituted the Working Group on the obligation to extradite or prosecute (aut dedere aut judicare), which, in the absence of its Chair, was chaired by Mr. Enrique Candioti. At its 3071st meeting, on 30 July 2010, the Commission took note of the oral report presented by the temporary Chair of the Working Group.
    • Discussion in Plenary: 3071st meeting, on 30 July 2010.
  • ILC Report, A/65/10, 2010, chap. VIII, paras. 332–340
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/638)
  • Report of the International Law Commission on the work of its sixty-third session, 26 April to 3 June and 4 July to 12 August 2011
    • The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/648). The Commission considered the report at its 3111th to 3113th and 3115th meetings from 25 to 27 and 29 July 2011.
    • Discussion in Plenary: 3111th, 3112nd, 3113th and 3115th meetings (25 to 27 and 29 July 2011).
  • ILC Report, A/66/10, 2011, chap. X, paras. 290–332
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
  • Report of the International Law Commission on the work of its sixty-fourth session, 7 May to 1 June and 2 July to 3 August 2012
    • The Commission decided to establish an open-ended Working Group on the obligation to extradite or prosecute (aut dedere aut judicare) under the Chairship of Mr. Kriangsak Kittichaisaree. The Working Group was to evaluate progress of work on this topic in the Commission and to explore possible future options for the Commission to take. At this juncture, no Special Rapporteur was appointed in place of Mr. Galicki, who was no longer a member of the Commission.
    • At its 3152nd meeting, on 30 July 2012, the Commission took note of the oral report of the Chair of the Working Group.
    • Discussion in Plenary: 3152nd meeting (30 July 2012)
  • ILC Report, A/67/10, 2012, chap. IX, paras. 203–221
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
  • Report of the International Law Commission on the work of its sixty-fifth session, 6 May to 7 June and 8 July to 9 August 2013
    • The Commission reconstituted the open-ended Working Group on the obligation to extradite or prosecute (aut dedere aut judicare) under the Chairship of Mr. Kriangsak Kittichaisaree. The Working Group continued to evaluate work on this topic, particularly in the light of the judgment of the International Court of Justice in the Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) case, of 20 July 2012. The Working Group held 7 meetings, on 8, 14, 16 and 28 May, on 5 June and on 18 and 24 July 2013.
    • At its 3189th meeting, on 31 July 2013, the Commission took note of the report of the Working Group, which appeared as Annex A to the ILC report.
    • Discussion in Plenary: 3189th meeting (31 July 2013)
  • ILC Report, A/68/10, 2013, chap. X, paras. 145–149
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)
  • Report of the International Law Commission on the work of its sixty-sixth session 5 May–6 June and 7 July–8 August 2014
    • The Commission constituted a Working Group on the obligation to extradite or prosecute (aut dedere aut judicare) under the Chairship of Mr. Kriangsak Kittichaisaree. The Working Group continued to evaluate work on this topic, particularly in the light of comments made in the Sixth Committee at the sixty-eighth session of the General Assembly on the 2013 report of the Working Group. The Working Group held 2 meetings, on 6 May and 4 June 2014.
    • At its 3217th meeting, on 7 July 2014, the Commission took note of report of the Working Group (A/CN. 4/L.844), which, inter alia, contained the recommendation that the Commission: (a) adopt the 2013 and 2014 reports, which provided useful guidance for States; and (b) conclude its consideration of the topic “Obligation to extradite or prosecute (aut dedere aut judicare)”.
    • At its 3242nd meeting, on 7 August 2014, the Commission adopted the final report on the topic, “Obligation to extradite or prosecute (aut dedere aut judicare)” and decided to conclude its consideration of the topic. It also expressed its deep appreciation to the Chair of the Working Group, Mr. Kriangsak Kittichaisaree, for his very valuable contribution and the work done in an efficient and expeditious manner. The Commission also recalled, with gratitude, the work of the former Special Rapporteur on the topic, Mr. Zdzislaw Galicki.
    • Discussion in Plenary: 3217th (7 July 2014) and 3242nd (7 August 2014) meetings.
  • ILC Report, A/69/10, 2014, chap. VI, paras 57–65
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)

General Assembly Action

  • Resolution 60/22 of 23 November 2005
    • Endorsed the decision of the International Law Commission to include the topic in its programme of work.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/560)
  • Resolution 61/34 of 4 December 2006
    • Invited Governments to provide to the International Law Commission information on legislation and practice regarding the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/577, Add.1 and Add.2)
  • Resolution 62/66 of 6 December 2007
    • Invited Governments to provide information to the International Law Commission on the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/588)
  • Resolution 66/98 of 9 December 2011
    • Invited the International Law Commission to continue to give priority to, and work towards the conclusion of the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/650 and Add.1)
  • Resolution 67/92 of 14 December 2012
    • Invited the International Law Commission to continue to give priority to the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/657)
  • Resolution 68/112 of 16 December 2013
    • Invited the International Law Commission to continue to give priority to the topic.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/666)

Final Outcome

International Law Commission (66th session, 2014)

  • The Commission adopted the final report on the topic, “Obligation to extradite or prosecute (aut dedere aut judicare)” and decided to conclude its consideration of the topic.
 

General Assembly

  • Resolution 69/118 of 10 December 2014
    • Took note of the final report on the topic “The obligation to extradite or prosecute (aut dedere aut judicare)” contained in paragraph 65 of the report of the International Law Commission, and encouraged its widest possible dissemination.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/678)