Methods of Judicial Cooperation and the Procedure for Enforcement Under International Law; Identifying the Nexus between Theory and Practice

Antai, Godswill Owoche

Department of Law, Post-Graduate and Diploma, Kampala International University, Kampala, Uganda.

Email: godswill.antai@kiu.ac.ug, ORCID: 0009-0003-4329-9479

ABSTRACT

The idea of judicial cooperation in criminal cases and enforcement under international law is undoubtedly based on the broad tenet that it is in the interests of civilised nations for crimes to be prosecuted and that it is customary for states to cooperate with one another in order to provide every support necessary to bring criminals or persons guilty of certain crimes involving international matters to justice. The world legal system has indeed reached a global operations clime, with undoubted interconnection between international courts and tribunals with and amongst states directly affected. The aim is to create a formidable mechanism for legal certainty and stability at a global scale and crystallize a reality where criminal offenders who attempt to escape criminal punishment in a state where an offence is committed are made to face the full force of the law by not only presenting them for criminal trials but making evidence available against them leading to justice being done in the circumstance. This formidable mechanism consists of elements such as mutual legal assistance, extradition, reparation etc. Consequently, this work examines critically the methods of judicial cooperation and enforcement procedure laying much emphasis on mutual legal assistance and extradition viz a viz the need to reconcile theory and practice noting that the ultimate objective of judicial cooperation is the creation of a world where there is no safe haven for criminals.

Keywords: International law, States, Judicial cooperation, Enforcement mechanisms, Criminal cases.

CITE AS: Antai, Godswill Owoche (2024). Methods of Judicial Cooperation and the Procedure for Enforcement Under International Law; Identifying the Nexus between Theory and Practice. NEWPORT INTERNATIONAL JOURNAL OF CURRENT RESEARCH IN HUMANITIES AND SOCIAL SCIENCES,4(3):80-88. https://doi.org/10.59298/NIJCRHSS/2024/4.3.8088