Abstract
When aliens suspected of having committed serious crimes cannot be removed from the territory of the state in which they find themselves, what are the implications for international criminal justice? Neither alienage nor non-removability is a bar to prosecution for serious crimes committed in the host state. However, where the serious crime has an international component, particularly where it was committed overseas, how does the alien’s situation of non-removability impact upon the legal and institutional structures through which the objective of criminal justice is pursued? This Symposium presents a preliminary view on some of the prosecution challenges that arise in relation to non-removable aliens suspected of serious crimes. Four distinct themes are addressed: (i) the implications for the ‘traditional’ framework of extradition law, as the principal international legal avenue for ensuring international criminal justice for serious crimes committed overseas; (ii) the international legal standing of diplomatic assurances as a tool used by states to circumvent non-removability and ensure the prosecution of serious crimes overseas; (iii) the possibilities for host state prosecution of such overseas crimes in cases where the suspect is non-removable; and (iv) certain potential consequences of carrying out prosecutions of such crimes before international criminal tribunals.
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