23-APP-1993
16:28
BRITISH EMBASSY PUPIS
16 1 42 66 91 42
P.16
14
If the extradition treaties are introduced in the French Internal legal system by their ratification and publication, they are in reality latroduced only to the extent necessary for the implementation thet par vis-devis dar person whose extradition la anucht; conversely, the international obligations of the State vis-à-vis the other States, are not introduced in the internal system. In their relations benwaan them, the States commit their responsibility by their failure to enforce a treaty (106 Cavare, Present International Public Law Volume 1); but this internationai responsibility vi the Stare cannot be raised befo‘c an internal court of the requested State which would have refused
tu haki ura a poráóñ to the requesting Disky,
questing State. The indemnational Kezronsihility of the requested
Stata can be raised, eventually, only by a procedure before the Permanent Court of International Justice (on condition that France agrees, as since 1974 it denounced the clause of mandatory
jurledigtianý ar hy an interrarinnal arbitration procedure. The international responsiblilty of the
French State can certainly not be raised before an internal court which, by definition, does not
have jurisdiction to that effect.
Of course, the plaintiffs wil: certainly say that for them to lodge a recourse for breach of the law does not purport to raise the responsibility of the French government from an international point of view. This is not true; indeed, raising the international responsibility of a State does not necessarily purport to obtain from that State an indemnity but can be aimed only at obtaining
satisfaction (on the concept of satisfaction, see for instance International Court of Justice 15
December 1949. Case Straits of Corfou. Decisions of the Court 1949 p. 36).
As is stated hu Marers MI, scam Ouna Minh. Patrick Maillu, Alain Dallet in the shova-manrionad
treaty at no. 308:
*in certain cases, Indemnities are not appropriate to compensate a loss which is strictly
moral, and the mosi adequate compensation is also strictly moral: it is satisfaction".