Published online by Cambridge University Press: 01 January 2021
Extradition — Nature — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether process of extradition — Whether constrained by human rights obligations of State called upon to effect surrender — Applicability of human rights treaty to extradition
Human rights — Fair trial — European Convention on Human Rights, 1950, Article 6 — Whether applicable to extradition — Whether applicable to surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Prohibition on retrospective criminal penalties — Accused person facing higher sentence in International Criminal Tribunal for the Former Yugoslavia than in national court
International criminal law — War crimes — Grave breaches — Crimes against humanity — Surrender of accused person to International Criminal Tribunal for the Former Yugoslavia — Whether Tribunal subject to human rights obligations