The Ukrainian crisis was a result of social upheaval against the former president, Mr. Yanukovich, who decided to pull out of the association with the European Union (BBC News, 2014). The upheaval that lasted for about two months resulted in more than 100 people killed (NY Times, 2014). In February 22 Mr. Yanukovich disappears and the opposition takes control over the government in Ukraine (BBC News, 2014). Upon learning that Mr. Yanukovich is currently residing in Kazakhstan, the new government of Ukraine requests from Kazakhstan the extradition of the overthrown president, who is accused of crime against the Ukrainian citizenry.
The aim of the paper is to assess the validity of the extradition request and provide an objective advice on whether should Kazakhstan extradite Mr. Yanukovich or not. In order to reach the final decision, the paper would examine issues like, relevant principle of jurisdiction, relevant treaty, the issue of recognition, immunity and political offence exception
To begin with, the relevant principle of jurisdiction should be examined in order to assess the validity of the extradition request. According to Glahn and Taulbee (2013), “principle of jurisdiction refers to the allocation of legal competence to regulate certain categories of persons, events, and things within a state and among various levels and institutions of government.” (p. 233). The definition implies that there should be an effective link connecting the state claiming jurisdiction and the event that took place. Currently, there are five principles of jurisdiction recognized by the international practice: territory, nationality or active personality, protective personality, passive personality, and universality (Glahn and Taulbee, p. 235). ...
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...refore, the delay of the extradition would not the optimal choice. Further, Mr. Yanukovich might face an unfair trial and torture based on his political views. Ultimately, the extradition might bring another wave of social unrest in Ukraine which is not a desirable outcome. Thus, referring to abovementioned justifications Kazakhstan should let Mr. Yanukovich leave to another country. Both, the extradition and keeping Mr. Yanukovich in Kazakhstan are not optimal and justifiable actions.
Works Cited
1. Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
2. BBC News. www.bbc.co.uk
3. New York Times. www.nytimes.com
4. Kishinev Convention on Mutual Legal Assistance on Civil, Family and Criminal Cases. www.unodc.org
5. Kazakhstan – Ukraine economic relations renewal agreement. www.interfax.kz
tried to destroy the Ukrainian nation, tradition and culture. They have been trying to do this
The big crisis in Ukraine is starting to get out of hand. The government cannot even figure out what to do, and is getting kicked out of office. There are street protests happening all over Ukraine, especially at Kyiv’s Independence Square. There is civil unrest against Yanukovych because he did not do what the people wanted. After everything is starting to cool down, Russian troops start to enter the country.
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
The definition of Extradition is the act of one jurisdiction of handing over or delivering an individual who has been accused of committing crimes in another jurisdiction. Usually, two jurisdictions have to have an extradition treaty or deal for them to honour the extradition of an individual. However, there are many grounds of refusal and challenges that extradition is subject to. The grounds of refusal are based on nationality, political offenders, the Principle of Non Bid In Idem, and the death penalty.
[2] Weaver, Matthew. "Ukraine Crisis." The Guardian. N.p., 20 Feb. 2014. Web. 7 Mar. 2014. .
In order to do that, first, the essay will define what understand by “jurisdiction” and the elements of the extraterritorial jurisdiction. Next, it analyses some key decisions and advisory opinion from the International Court of Justice and the European regional system in order to prove that extraterritoriality jurisdiction is already applicable and therefore, if the State fails to guarantee the rights contemplated in the human rights treaties, it incurs in international responsibility. Lastly, the essay will sum up the analysis and make some final remarks.
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About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
...an be concluded that while both wars in Chechnya came about in different ways, the causes were more or less the same in both conflicts; prior history between the two peoples, incompetent political and economic leadership and unrealistic desires of independence on the part of Chechens caused these conflicts to escalate. Although time has passed between the start of the first Chechen war, violence still continues to plague the region. Until both sides can see past there bloody history and come to a compromise, it is very likely that the toll will grow on both sides. When Chechnya declared its independence, Russia was at one of its weakest points in history. Now that Russia has regained its strength, it will not let go of Chechnya anymore than Chechnya wants independence. It unfortunately seems that this situation will become more and more like an extended civil war.
Extradition Act 1989 [United Kingdom of Great Britain and Northern Ireland], 1989 Chapter 33, 27 July 1989
The idea of compulsory jurisdiction is for international courts to be independent and regulate the state’s misconducts because a well-established state to state relation is so vital to the welfare of international security. International...
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