Happy To Discuss About Your Requirement
International Criminal Law
- Home
- Our Services
- Personal Legal Services
- Criminal Law
- International Criminal Law
International Criminal Law
International criminal law is a rapidly evolving area of public international law. It differs from other areas of international law as it concerns the investigation and prosecution of individuals, rather than the state. To date, there is no internationally-accepted definition of an “international crime” nor is there a uniform list of all the possible international crimes. There is however a set of “core” crimes that have been recognised by the international community as the most serious threats to peace and security. These are genocide, war crimes, crimes against humanity, and aggression (also known as crimes against peace).
A number of international criminal courts and tribunals have been established to investigate and prosecute these “core” crimes. For instance, the International Criminal Tribunal for the former Yugoslavia and Extraordinary Chambers in the Courts of Cambodia both hear allegations of international crimes committed in their respective countries. Separately, the International Criminal Court (“the ICC”) has a wider reaching jurisdiction and can investigate and prosecute international crime in a number of countries. The ICC was founded by a multilateral treaty – the Rome Statute – that came into force on 1 July 2002. The Rome Statute has been ratified by 124 signatories, and all parties to the Statute are subject to the ICC’s jurisdiction. Under this principle, any relevant crime committed in the territory of a party, or by a citizen of a party, can be subject to an investigation and prosecution by the ICC. However, the ICC’s jurisdiction is not retrospective, which means that the Court can only investigate and prosecute conduct that occurred after 1 July 2002.
In addition, the ICC operates under the principle of complementarity, meaning primacy over prosecutions for crimes such as genocide, war crimes, crimes against humanity and aggression is given to national courts. However, if it is determined that national courts are unable or unwilling to undertake appropriate prosecutions, then the jurisdiction of the ICC will be triggered.
Our Partners at Merlyn Law Firm has an in depth understanding of the complexities of this constantly developing area of law. Over many years, we have grown an extensive network of contacts and close working relationships with similarly specialist lawyers around the world. This has allowed us to provide the very best advice to clients subject to an international criminal investigation. We also have considerable first-hand experience of defending allegations of various core crimes apart from crimes of aggression ( as they are yet to prosecute a crime of aggression); having worked on a number of cases involving ICC investigations and prosecutions.
Extradition
Merlyn Law Firm has a wealth of experience in successfully defending extradition requests. Having worked in this field for years, we have built up considerable knowledge regarding both EU (European Arrest Warrant “EAW”) and non-EU extradition cases and have an established network of international lawyers with whom we work closely.
We regularly advise clients before extradition proceedings commence. We have the skill and experience to deal with Interpol Red Notices, which are often the first indication that a person may be facing a potential extradition request. In many cases, we are able to either negotiate with the authorities to avoid extradition proceedings completely or to obtain a more favourable outcome if a person is extradited. Where an extradition request is made, we advise on the technical, statutory and human rights challenges available and proactively defend our clients from these requests. We have notable experience of successfully defending political extraditions.
Our lawyers have provided advice in relation to many countries across the world, including most EU countries, the USA, Canada, Australia, Switzerland, Kenya, Egypt, Nigeria, South Africa, the UAE, India, South Korea, Japan, Sri Lanka, China and Pakistan. A person can be liable for extradition if they are accused, or convicted of, a crime in a foreign country. Even where a country does not have an extradition arrangement with the UK, it is possible for special arrangements to be made.
An extradition case will have several stages. Before extradition, preparation at an early stage is important in order to ensure that protections are in place should a request be made. The first stage of an extradition case will involve a bail application and work must be done to ensure a full bail package can be presented to the court in case of arrest. Following the bail application and service of the extradition request, we undertake a thorough review of the extradition request and the particular circumstances surrounding it. Challenges to extradition include human rights considerations, such as the right to a fair trial, the right to a family life, and the right not to suffer inhuman or degrading treatment. Other ways of defeating extradition may be based on the specific content of the extradition request itself. India also provides a number of bars to extradition, which include the passage of time, double jeopardy, and the physical or mental health of a person. We are skilled at gathering the best evidence to support any challenges to extradition and have well-established associations with a number of international experts and NGOs.
Defending an extradition case will involve quite different considerations from a case which is prosecuted domestically. We have the expertise to advise on the strategic considerations that are involved in any extradition case and, working in conjunction with other departments within the firm, are able provide advice across several disciplines, including Immigration, Dispute Resolution and Family . This enables us to provide a unique offering in delivering solutions to clients facing the most complex cross-border legal problems. We are well aware of the importance of reputational considerations and frequently work with our experienced reputation and media team to protect our clients.