11 juillet 2014: Monsieur David Sadoff

Monsieur David Sadoff soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée :

« Bringing Fugitives to Justice Under International Law : Extradition and Its Alternatives »

Vendredi 11 juillet 2014 – 14h.15
Salle M3050 - UNI MAIL

La séance est publique

Résumé:

Former world chess champion Bobby Fischer, ex-Chilean President Auguste Pinochet, and Wikileaks founder Julian Assange all share at least one important attribute apart from their notoriety: They each faced criminal charges leveled by one State while located within another’s territory.

This dissertation addresses how States, working alone or in cooperation, strive to secure the physical custody of such fugitives in order to bring them to justice (i.e., to face prosecution or in other cases to complete a prison sentence) while evaluating the propriety of those pursuit efforts under international law.
This dissertation presents a novel and robust framework for the operational and legal analysis of recovering fugitives abroad.
It includes a specialized vocabulary with redefined terms and new concepts to add precision to the discourse; comprehensive typologies for, inter alia, the various forms of extradition available and for the panoply of impediments to extradition; and an overall mapping of the field to account for the full range of means and methods by which fugitives can be pursued, from the most operationally straightforward to the most legally suspect.

This study explores the world of alternatives to extradition while distinguishing them from those instances in which fugitives return or are returned due to sheer fortuity or in which extradition is sought as a remedial or collateral matter; and considers the various consequences – judicial, diplomatic, and policy – of reliance on the more extreme tactics.
In addition, it debunks popular misconceptions; draws fine distinctions between various approaches and similarly labeled or related legal notions; and proffers a series of recommendations that, if adopted, could help minimize the risks associated with the recovery of fugitives.