Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
In 2007, in the Sixth Committee of the UN General Assembly, a representative of China stated regarding the second report of the Special Rapporteur on the obligation to extradite or prosecute (aut dedere aut judicare):
on the scope of application of the obligation to extradite or prosecute, draft article one stipulates that the present draft articles shall apply to the establishment, content, operation and effects of the alternative obligation of States to extradite or prosecute persons under their jurisdiction. The Chinese delegation supports in principle the alternative nature of the obligation to extradite or prosecute as contained in the draft article, namely, States have the alternative to extradite or prosecute. As for the so-called third alternative related to the jurisdiction of other international judicial organs, we take a cautious approach, but we believe that it is necessary to set necessary limits to the alternative obligations of States. We suggest that the draft articles stipulate that in opting for extradition or prosecution, States should abide by the relevant rules on jurisdiction priorities. For example, it is necessary to ensure the priority of the State where the crime occurred and the State of nationality of the suspect in exercising jurisdiction.