Wednesday, August 15, 2012

'Nuff said

(Taking context-optional note of thought-provoking quotes)
'Melbourne University Professor of Law Tim McCormack said he was frustrated on a number of levels about the Zentai case.'
–  An article in the Melbourne-based daily newspaper The Age, reporting on the today's decision in which the High Court of Australia ruled against the extradition to Hungary of Charles Zentai, a 90-year-old, Hungary-born Australian citizen accused of murdering a Jewish teenager in Budapest in 1944. (Other allegations against him here.) Hungary had sought Zentai's transfer, pursuant to the Hungary-Australia extradition treaty, to stand trial for a "war crime." But the judgment in Minister for Home Affairs of the Commonwealth v Zentai disallowed extradition for the reason that this offense was not prohibited under Hungarian law at the time in question. Thus our colleague Tim McCormack (below; prior posts), who advises the International Criminal Court on international humanitarian law, explained to The Age:
'The Hungarians didn’t choose the right offence to request the extradition.'
McCormack noted that a request on a charge of murder would not have posed the same problem, and added that Australia itself could prosecute but has not chosen to do so.

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