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Hierarchy in International LawThe Place of Human Rights$
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Erika De Wet and Jure Vidmar

Print publication date: 2012

Print ISBN-13: 9780199647071

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199647071.001.0001

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On the Hierarchy between Extradition and Human Rights

On the Hierarchy between Extradition and Human Rights

(p.148) 6 On the Hierarchy between Extradition and Human Rights
Hierarchy in International Law

Harmen van der Wilt

Oxford University Press

A requested state will be confronted with conflicting obligations stemming from extradition treaties and treaties on human rights, whenever the applicant faces a real risk that his or her fundamental rights will be violated by the requesting state. These conflicts are not easily solved. With the exception of torture, international law does not acknowledge the general primacy of human rights over extradition. States have applied different avoidance techniques — rule of non-inquiry, reliance on assurances, and local remedies — to evade these conflicts. However, the European Court of Human Rights in particular has accentuated the human rights standards and has admonished states parties to take these rights seriously.

Keywords:   extradition, human rights, jus cogens, rule of non-inquiry, local remedies

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