FROM BONDAGE TO FREEDOM 70 In the area of international cooperation, the Convention includes articles of extradition 160 , mutual legal assistance 161 transfer of proceedings162 and law enforcement cooperation163 while there is an implicit recognition of nationality as a traditional ground for refusal of extradition, the Convention embodies the principle aut dedere aut judicare when extradition is refused on this ground. The article on extradition provides that offences covered by the Convention would be deemed to be included as extraditable offences in any treaty existing between State Parties, or would be included in future treaties. State Parties can use the Convention for extradition purpose even if they make extradition conditional on a treaty. Those, which did not make extradition conditional on a treaty, will recognize the offences covered by the Convention as extraditable offences between them. The article on mutual legal assistance is much more extensive, having been called by some a “treaty within a treaty”164. The article considerably evolves the concept of mutual legal assistance, as one of the primary tools of international cooperation against transnational crime. In this way, the article speaks of the use of modern technology, such as electronic mail for the transmission of requests, or video links for the giving of testimony. In the area of law enforcement cooperation, the Convention includes provisions on the exchange of intelligence and another operational information165 and on the use of modern investigative methods with appropriate safeguards. The nature of transnational organized crime makes the protection of victims and witnesses as a matter of such importance that the Convention also requires State Parties to adopt appropriate measures to protect 160 Ibid., Art 18 161 Ibid. 162 Ibid. 163 Ibid. 164 Supra note 1, p.12. 165 Supra note 3, p.26. Relation between the Convention and its Protocols • The Convention Against Transnational Organized Crime is the parent agreement. • Its principles apply, mutatis mutandis to its Protocols. • States must ratify the Convention before ratifying one or any of its Protocols.

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