Extradition and Rules relating to Extradition in International Law
Extradition in International Law
Extradition is the formal process by which one state surrenders an individual accused or convicted of a crime to another state that has jurisdiction over that crime. It is a way to ensure that criminals cannot escape justice by crossing international borders.
1. Nature of Extradition
Extradition is not a right but a privilege granted by one state to another.
It is primarily governed by bilateral or multilateral treaties (e.g., the European Convention on Extradition, 1957).
In the absence of a treaty, extradition usually depends on comity (mutual respect) and domestic laws.
Extradition is based on state consent; no state is obligated to extradite without its agreement.
2. Key Principles and Rules of Extradition
A. Dual Criminality
The offense for which extradition is requested must be a crime in both the requesting and requested states.
Typically, the act must be punishable by a certain minimum penalty (often one year or more imprisonment).
B. Extraditable Offenses
Serious crimes such as murder, terrorism, drug trafficking, fraud, etc.
Political offenses are generally excluded from extradition (see political offense exception below).
C. Political Offense Exception
Extradition will be refused if the offense is deemed political in nature.
This is to prevent persecution for political opinions or actions against the government.
However, terrorism or violent crimes often are not protected by this exception even if politically motivated.
D. Non Bis In Idem (Double Jeopardy)
Extradition is generally refused if the person has already been tried and acquitted or punished for the same offense in the requested state.
E. Specialty Principle
The person extradited may only be prosecuted for the offense for which extradition was granted, unless the requested state consents to additional charges.
F. Human Rights Considerations
Extradition may be denied if there is a risk of torture, cruel or inhuman treatment, or unfair trial in the requesting state.
Non-refoulement principles may also apply to prevent sending someone to a place where they face persecution.
3. Procedural Aspects
The requesting state submits a formal extradition request through diplomatic channels.
The requested state’s courts usually review the request and verify compliance with treaty obligations.
The final decision often rests with the executive branch (e.g., the foreign minister or president).
4. Sources of Extradition Law
Bilateral Treaties: Most extradition happens under specific agreements between two states.
Multilateral Treaties: Examples include the European Convention on Extradition and the Interpol Constitution.
Customary International Law: Certain principles such as non-refoulement and non-political offense exception.
Domestic Law: Each country’s legal system sets out extradition procedures and conditions.
5. Examples of Extradition Treaties and Agreements
European Convention on Extradition (1957)
United States–Mexico Extradition Treaty
Interpol Notices (not binding, but facilitate locating and requesting surrender of fugitives)
6. Extradition vs. Rendition
Extradition is legal and formal.
Rendition can sometimes mean extrajudicial transfer, possibly violating international law.
Summary Table of Key Extradition Rules
| Rule | Description |
|---|---|
| State Consent | Extradition requires consent of the requested state. |
| Dual Criminality | Crime must be punishable in both states. |
| Political Offense Exception | Political crimes usually not extraditable. |
| Specialty Principle | Extradited person prosecuted only for specified crime. |
| Non Bis In Idem | No extradition if already tried for the same crime. |
| Human Rights Protections | No extradition if risk of torture, unfair trial, or persecution. |
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