Jus de non evocando

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Jus de non evocando is a concept in international law by which states refuse to extradite their own citizens. It derives from a medieval principle that subjects of the Crown were entitled to ius de non evocando, the right to enjoy the jurisdiction and protection of the Crown to which they were loyal. Some countries may refuse to extradite non-nationals, who, because of their crimes, may be subject to the death penalty. This may be seen in the case of Canada and Mexico vis-à-vis the United States.

This principle is frequently argued in cases of the International Criminal Tribunals in Rwanda (ICTR) and ex-Yugoslavia (ICTY). The foundation lies in that the international tribunal, by seizing jurisdiction over an international criminal trial from national courts, is violating the principle of jus de non evocando. The Trial Chamber in the case of Dusko Tadic (IT-94-1 of the ICTY) stated that states give up some measure of sovereignty to be a part of the UN and the ICTY is a product of the UN, therefore there is no violation.

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