Lesson 97: Extradition Treaties

Extradition treaties are agreements between two or more countries that establish the procedures for surrendering individuals accused or convicted of crimes to the requesting country. They play a critical role in international criminal law, ensuring that fugitives cannot evade justice by crossing borders.

What is Extradition?

Extradition is the formal process where one country transfers a suspected or convicted criminal to another country to face legal proceedings or punishment. This process is governed by treaties, bilateral or multilateral agreements, and international conventions.

Key Components of Extradition Treaties

Dual Criminality: The principle requiring that the offense for which extradition is sought must be a crime in both the requesting and requested countries.
Specialty Principle: The extradited person can only be tried for the offense for which extradition was granted.
Non-Extradition of Nationals: Some countries do not extradite their own citizens.
Human Rights Considerations: Extradition may be refused if the individual faces potential human rights violations, such as torture or unfair trial.

Dual Criminality Explained

The concept of dual criminality ensures that extradition requests are only honored for acts that are considered crimes in both the requesting and requested countries.

graph TB A["Country A"] -- "Sends Extradition Request" --> B["Country B"] B -- "Reviews Request for Dual Criminality" --> C["Crime in Both Countries?"] C -- "Yes" --> D["Proceed with Extradition"] C -- "No" --> E["Deny Extradition"]

Extradition Process

Extradition involves several steps, from the initial request to the final handover of the individual. Below is a simplified outline:

sequenceDiagram participant RequestingCountry as Requesting Country participant RequestedCountry as Requested Country participant Individual as Individual RequestingCountry->>RequestedCountry: Send Extradition Request RequestedCountry->>RequestedCountry: Review Request RequestedCountry->>Individual: Arrest Individual RequestedCountry->>RequestingCountry: Approve/Reject Request Note over RequestedCountry, Individual: Judicial Review RequestedCountry->>RequestingCountry: Hand Over Individual

International Conventions and Extradition

Various international conventions address extradition, including:

Challenges in Extradition

Extradition can be complicated by various factors, including:

Differing legal standards and definitions of crimes
Political considerations and diplomatic immunity
Human rights concerns

Extradition may be refused if the requested individual faces the death penalty or risks unfair treatment in the requesting country.

Case Study: Famous Extradition Cases

One notable example of extradition is the case of Julian Assange. For more details, refer to his Wikipedia page.

Conclusion

Extradition treaties are vital tools in the fight against international crime. By understanding the principles and processes involved, legal professionals can better navigate the complexities of international criminal law.