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.