Kroeger v. Swiss Federal Prosecutor's Office

Abstract

The individual in international law — Extradition — Conditions of — Double criminality — Non-expiry of period of limitation for prosecution — The law of Switzerland

The individual in international law — Extradition — Political crimes — Definition — Extradition of German SS Officer accused of war crimes — Whether mass executions of unarmed civilians constitute political crimes — The law of Switzerland

War and neutrality — War in general — Enforcement of the laws of war — Reprisals — Legitimate reprisals under international law Requirement of proportionality — Mass executions of unarmed civilians — The law of Switzerland

War and neutrality — War in general — Enforcement of the laws of war — Punishment of war crimes and crimes against humanity — Defence of superior orders — Extradition of German war criminal — The law of Switzerland

The individual in international law — Extradition — Procedure of — Role of courts in examining extradition request — Whether able to take account of defences or alibis of accused — Conditions of extradition — Double criminality — Non-expiry of period of limitation for prosecution — Extradition of German SS Officer accused of war crimes — Whether mass executions of unarmed civilians constitute political crimes — Whether permissible under international law as legitimate reprisals in wartime — Requirement of proportionality — Defence of superior orders — The law of Switzerland