根据科索沃共和国的法律解决办法引渡-经验、挑战

Arsim Thaçi, Ismail Zejneli
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引用次数: 0

摘要

摘要在国际法领域中,国家、政府或国际组织等主体总是基于国际法领域规定的精神进行交往。在违反的范围内,即故意违反这些规定的情况,是所谓的“葛兰主义者”的情况,在这种情况下,引渡问题所依据的制度的所有环节都得到豁免。我国将长期保留这一污点,而在司法档案中,它将被视为一个不应该发生的案件,这始终是基于对严格执行我国一直具有的国际法领域各项规定的承诺。至少他们应该被追究责任,甚至是刑事责任;因此,此类案件在我国从未发生过。对与此案直接相关的行为者——高级国家官员——缺乏刑事问责,在我们的制度上留下了伤痕,当时人们普遍认为这是一个滞后的制度,而在这一方向上的整个承诺瞬间动摇了。这一污点在节后是可以避免的- -即使是在它发生的情况下,也就是说,即使是在所有政治行为者都与此案有牵连的情况下。在这方面,在分析各项规定的同时,我们可以假设,尽管存在缺陷,并不断审查该法的法律规定的数量,然而,我们可以认为,我们在这一领域的制度已经取得了进展,并且正在采取主动行动,以改进这一制度,使其能够满足与社会和国际关系动态有关的要求。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Extradition in the Light of Legal Solutions in the Republic of Kosovo - Experiences, Challenges
Abstract Beheld in terms of international law, its subjects such as states, governments or international organizations always communicate with each other based on the spirit of the provisions of the field of international law. In the framework of the breaches, respectively the deliberate violation of these provisions, is the case of the so-called "Gulenists", where all the links of the system under which the extradition matter is built upon, are exempted. Our country will keep this stain for a long time, while in the archives of justice it will be treated as a case that should not have happened, always based on the commitment to the strict implementation of the provisions of the field of international law that our state has always had. At least they should have been held accountable, even criminally; hence, such cases to have never been repeated in our country. The lack of criminal accountability of the actors-senior state officials directly implicated in this case has left scars in our system, which at that moment is widely considered as a delayed system, while at an instant the whole commitment in this direction is shaken. This stain could have been avoided post festum - even in the circumstances when it happened, that is, even in the situation when all the political actors had been implicated in this case. In this regard, whilst analyzing the provisions we can assume that despite the deficiencies and continuously looking at the volume of legal provisions of this law, yet, we can consider that our system in this area has advanced and has ongoing initiatives to improve this system to the extent that could meet the requirements in relation to the dynamics of social and international relations.
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