Aut Dedere Aut Judicare Law and Legal Definition

Aut Dedere Aut Judicare is a Latin legal maxim that means extradite or prosecute. This maxim imposes a legal obligation on the states under public international law to prosecute persons who commit serious international crimes where no other state has requested extradition. Accordingly, the state having the custody of a suspect has to either extradite the person to another state having jurisdiction over the case or to instigate its own judicial proceedings. The object of the principle is to avoid crimes being left unpunished because there is no extradition or prosecution. Offences classified under the principle are:

1. hijacking of civilian aircraft;

2. taking of civilian hostages;

3. acts of terrorism;

4. torture;

5. crimes against internationally protected persons; and

6. financing of terrorism and other international crimes