Extradition under international law is a legal process through which one state, the “requesting state,” seeks the surrender of a person located in another state, the “requested state,” for the purpose of criminal prosecution or the enforcement of a criminal sentence. Extradition is governed by a network of bilateral and multilateral treaties, as well as customary international law principles.
Key Aspects of Extradition under International Law
1. Extradition Treaties:
- The majority of extradition cases are governed by bilateral or multilateral extradition treaties between states.
- Extradition treaties establish the legal framework for requesting and granting extradition, including the offenses for which extradition may be sought, the required documentation, and the procedures to be followed.
2. Principle of Dual Criminality:
- One of the fundamental principles of extradition is the requirement of dual criminality. This means that for extradition to be granted, the alleged offense must be a criminal offense in both the requesting state and the requested state.
- Dual criminality ensures that extradition is not granted for actions that are not considered criminal in the requested state.
3. Extraditable Offenses:
- Extradition treaties typically specify the types of offenses for which extradition can be requested. These offenses often include serious crimes such as murder, terrorism, drug trafficking, and organized crime.
- Some treaties also allow for extradition for offenses that may not be explicitly listed but meet the dual criminality requirement.
4. Extradition Procedure:
- The extradition procedure involves several steps, including the submission of a formal extradition request, review by the requested state’s authorities, and, if approved, the surrender of the individual to the requesting state.
- The requested state’s courts often play a significant role in evaluating the extradition request and determining whether the legal requirements are met.
5. Extradition Grounds:
- Extradition may be sought for various purposes, including prosecution, sentencing, and serving a sentence already imposed.
- The requesting state must provide evidence to support the extradition request, demonstrating the individual’s involvement in the alleged offense.
6. Extradition Process:
- Once extradition is granted, the requested state typically arrests the individual and notifies the requesting state.
- The individual may have the right to challenge the extradition decision through legal processes, such as appeals or habeas corpus petitions.
- If no legal obstacles are raised, the individual is extradited to the requesting state, where they face criminal proceedings.
7. Extradition and Human Rights:
- Extradition treaties often include provisions prohibiting extradition for political offenses or offenses that could result in torture, inhumane treatment, or the death penalty.
- Human rights considerations, such as the prohibition of torture and the right to a fair trial, are taken into account when evaluating extradition requests.
8. Refusal of Extradition:
- The requested state may refuse extradition under certain circumstances, including if the offense is political, if the person is a national of the requested state, or if there are concerns about violations of human rights or the death penalty.
