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22 Int'l Crim. L. Rev. 1168 (2022)
Treaty-Based Regulation and Evidence-Extradition Agreements as Critical Tools in the Fight against International Criminal Wrongdoing

handle is hein.journals/intcrimlrb22 and id is 1171 raw text is: INTERNATIONAL CRIMINAL LAW REVIEW Criminal Law BRILL 22 (2022) 1168-1187 Reew N IJ H O F F brill.com/icla Treaty-Based Regulation and Evidence-Extradition Agreements as Critical Tools in the Fight against International Criminal Wrongdoing Courtney Martin O RC 1D: 0000-0002-8492-8572 Department of Law, National University of Ireland Galway, University Road, Galway, Ireland c.martin22@nuigaiway.ie Abstract Draft Article 7 of the UN Draft Convention regarding Crimes Against Humanity provides the terra firma for States to establish and exercise a range of jurisdictional bases, including universal jurisdiction, to be reinforced by State-to-State agreements regarding evidence-extradition for the benefit of downstream truth and justice seeking projects. Legal analysis demonstrates there persists an insistence on treaty regulation and clearly particularised laws at local and international levels to successfully pursue international criminal accountability. Draft Article 7 will give credence to universal jurisdiction, complement the International Criminal Court's workings and counter its temporal limitations, and negate politically-motivated invocation of the doctrine. A case study involving Australian extradition proceedings highlights how evidence can be obtained efficiently on the basis of a pre-existing bilateral agreement between culturally distinct States. Formal arrangements regarding evidence-exchange will espouse a greater willingness by States to cooperate across borders and will strengthen universality by taking some of the guess-work out of its exercise. Keywords universal jurisdiction - Draft Convention Crimes Against Humanity - extradition © KONINKLIJKE BRILL NV, LEIDEN, 2021 DOI:10.1163/15718123-BJA10085

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