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Extradition in International Law

An introduction to Extradition in International Law, its history, how it works and what are the conditions for it

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Fareha Quddus Khan
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45 views9 pages

Extradition in International Law

An introduction to Extradition in International Law, its history, how it works and what are the conditions for it

Uploaded by

Fareha Quddus Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Assignment

Extradition in International Law

Submitted to: Ms. Fatima Aslam


Course Title: Public International Law (II)
Submitted by: Fareha Quddus (roll#11)

BS-International Relations 6th Semester (Morning)


Department of International Relations
Bahauddin Zakariya University , Multan
What is Extradition?
In the words of Oppenheim,
“Extradition is the delivery of an accused or a convicted individual
to the State on whose territory he is alleged to have committed or to
have been convicted of a crime by the state on whose territory he
happens to be.”

The word 'Extradition' is a combination of words "Extradite" and


"tradition".
According to Merriam Webster Dictionary 'Extradite'and its related
noun extradition are both ultimately Latin in origin: their source is
tradition-, tradition, meaning “the act of handing over.”

In International Law, extradition (sometimes called rendition) is the


procedure by which a person accused or convicted of a crime
(although not usually in absentia in his absence) is transferred
formally to a State where he is wanted for trial or to serve his
sentence.[ i]

The practice of extradition enables one state to hand over to another


state suspected or convicted criminals who have fled to the territory
of the former. It is based upon bilateral treaty law and does not exist
as an obligation upon states in customary law.[ ii]

History of Extradition

Extradition has a long history dating back to ancient times. It is


known to have existed since at least the 13th century BCE when an
extradition treaty was negotiated between Egyptian pharaoh
Ramesses II and Hittite king Hattusili III1. The practice of
extradition has evolved over time, with treaty-authorized
extraditions existing since antiquity. In modern times, formal
extradition became more common in Western countries in the mid-
19th century, facilitated by increased travel options that made it
easier for criminals to escape. Today, extradition is a legal process
where one country returns a fugitive to another country where they
are accused or convicted of a crime, typically governed by treaties
signed between individual governments.
[iii]

The Purpose of Extradition

The purpose of extradition is to ensure that fugitives facing criminal


charges in one jurisdiction are returned to face justice in the
jurisdiction where the crime was committed.

Extradition helps in combating transnational criminal activities,


such as terrorism, drug trafficking, counterfeiting, and cybercrime,
by allowing states to pursue fugitives and wanted individuals across
borders.

Conditions of Extradition
In the absence of a treaty, a State has no obligation to extradite. But
extradition can take place without a treaty if this is acceptable to
both States and permissible under their laws.

It can be done ad hoc (although this may require the requesting


State to agree to accord reciprocal treatment) or pursuant to a non-
treaty scheme implemented by parallel legislation in the
participating States.

Most are bilateral and specify the crimes that are extraditable,
usually serious offences such as those punishable by imprisonment
for at least one year.
They will almost always incorporate the double criminality principle
(extradition is granted only if the act for which extradition is sought
is a crime in both the requesting and the requested States, although
it does not have to be called by the same name), and the principle of
speciality (if extradited, the accused will be tried only for the crime
for which he was extradited).

Most treaties will also require that the requested State be satisfied
that there is at least prima facie evidence of the guilt of the accused.

Crimes that are subject to extradition in International


Law

1)Manslaughter:
The unlawful killing of a human being without express or implied
malice. It includes murder or an attempted assault

2)Arson:
An act of willfully and deliberately setting fire to or charring
property. Although the act of arson typically involves buildings, the
term can also refer to the intentional burning of other things, such
as motor vehicles, watercraft, or forests. The crime is typically
classified as a felony, with instances involving a greater degree of
risk to human life or property carrying a stricter penalty. Arson
which results in death can be further prosecuted as manslaughter or
murder.

3)Counterfeit of Currency:
Counterfeiting occurs when someone copies or imitates an item
without having been authorized to do so and passes the copy off for
the genuine or original item.
Counterfeit money is currency that is produced without the legal
sanction of the state or government to resemble some official form
of currency closely enough that it may be confused for genuine
currency.

4) Perjury:
Perjury (also known as foreswearing) is the intentional act of
swearing a false oath or falsifying an affirmation to tell the truth,
whether spoken or in writing, concerning matters material to an
official (federal) proceeding.

5)Piracy:
Definition: Piracy refers to the unauthorized duplication of
copyrighted content that is then sold at substantially lower prices in
the 'grey' market

Other crimes subject to extradition include enslavement, bribery,


dealing in narcotics etc.
How Extradition is carried out
The request for extradition is normally made formally through the
diplomatic channel, accompanied by the arrest warrant, information
about the identity of the accused and the basic facts of the offence.
Often, the request will ask for provisional arrest pending arrival of
all the necessary paperwork. In most States, the request will be
scrutinised by the courts, where the accused can challenge it.
Usually, the final decision will be taken by the executive, to which
the domestic law will usually give discretion to refuse the request,
subject only to treaty obligations, including those on human rights.
[ ]
iv

Cases of Extradition: Examples

1)JOAQUIN 'EL CHAPO' GUZMAN


Mexican drug lord Joaquin "El Chapo" Guzmá n was extradited to the
United States on a raft of federal charges in January 2017 after years
of delays and a brazen escape from a maximum- security prison in
Mexico.
Guzman was arrested in Mexico in 2014, but he escaped prison a
year later through a tunnel dug under his cell. He was recaptured in
January 2016.
Mexican authorities had previously insisted Guzman serve a lengthy
prison sentence at home before being sent to the United States but
changed their position after his escape.
Guzman's lawyers delayed his extradition for years by filing a flurry
of legal injunctions, but the kingpin finally exhausted his appeals
and was sent to the United States.
Guzman convicted at trial in New York federal court on all counts
against him in February 2019. He was sentenced to life in prison.[ v]
2)WIKILEAKS FOUNDER JULIAN ASSANGE
Assange, an Australian citizen, was charged by U.S. federal
prosecutors with publishing secret diplomatic cables and military
reports on his Wikileaks site, in what U.S. authorities have dubbed
one of the biggest leaks of classified information in history.
A UK court initially blocked Assange’s extradition due to concerns
over his mental health, but the United States successfully appealed
the decision.
Assange appealed in August. He has said he is being persecuted for
his political beliefs and that he was acting as a journalist in
publishing the leaked documents. [vi]

Limitations of Extradition:
The limitations of extradition include the Rule of Specialty, which
restricts extradition to certain offenses and limits prosecution or
punishment to the offense for which extradition was granted. This
rule ensures that extradited individuals are only tried for the
specified crime.

Additionally, extradition treaties or agreements may include bars to


extradition based on factors such as the political nature of the
alleged crime, the possibility of certain forms of punishment (like
the death penalty), and failure to fulfill dual criminality
requirements.

Human rights considerations are also crucial, with many treaties


incorporating exceptions to protect individuals from being
prosecuted for political beliefs or activities in another country or to
prevent extradition if the individual may face torture or other
inhumane treatment.
These limitations aim to balance the interests of justice with respect
for human rights and international agreements.
References and Sources
i

(Shaw.N.M, .(2006).International law.(6).Cambridge University Press)


(Aust,A.(2010).A handbook of international law.(2).Cambridge
ii

University Press)
iii
(https://scholars.law.unlv.edu/facpub/317/)
(Aust,A.(2010).A handbook of international law.(2).Cambridge
iv

University Press)

v
(https://internationalextradition.org/?page_id=30)
(https://www.reuters.com/world/recent-high-profile-extradition-
vi

cases-2022-12-13/)

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