Abstract
This article analyzes the interpleay between emerging customary law norms with regard to the duty of prosecution/extradition (aut dedere aut judicare) and operation of the death penalty as a bar to extradition. As America's war on terror generates more detainees abroad, issues raised in this discussion are likely to become even more prevalent. Given the current level of fluidity in these developing concepts, this study attempts to rationalize them into a coherent and useful analysis.