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Extradition in International Law
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Dual Criminality Principle
The requirement that the alleged crime must be considered a criminal offense in both the requesting and requested countries.
Political Offense Exception
Exclusion from extradition for crimes deemed political, as many countries refuse to extradite individuals for politically motivated offenses.
Provisional Arrest in Extradition
A temporary arrest for the purpose of preventing the flight of the individual until the extradition request is processed.
Principle of Specialty
Limits the offenses for which an extradited person may be prosecuted or punished to those for which extradition was explicitly granted.
Nationality Principle
Some countries refuse to extradite their own nationals and instead offer to prosecute them domestically.
Passage of Time or Lapse of Time Clause
A clause that can preclude extradition if a significant amount of time has passed since the alleged offense, affecting the fairness of a trial.
Reciprocity Principle
An expectation that the requested state will grant extradition if it would expect the requesting state to do the same in similar circumstances.
Transit Extradition
When an individual is extradited through a third country, which must give permission for transit as part of the process.
Rule of Law in Extradition
Requires that extradition processes are governed by predetermined legal procedures and standards.
Doctrine of Aut Dedere Aut Judicare
The principle obligating a state either to extradite a criminal suspect or to prosecute the suspect themselves if extradition is not possible.
Non-refoulement Principle
Prohibits the extradition of a person to a country where they are likely to face persecution or inhumane treatment.
Extraterritorial Jurisdiction
The power of a country to apply its laws to individuals or conduct outside of its borders, which can lead to extradition requests.
Definition of Extradition
The formal process by which a person found in one country is surrendered to another country for trial or punishment.
Extradition Hearing Process
A judicial process in which the legal basis for extradition is reviewed, and the case is assessed under relevant laws and treaties.
Extraditable Offenses
Defines the types of crimes for which extradition may be sought, usually involving serious crimes that are recognized by international law.
Simplified Extradition
An expedited process that can be used when the person sought agrees to extradition and waives their right to formal proceedings.
Extradition Objections and Appeals
The processes by which an individual can object to extradition on various grounds and appeal decisions related to their case.
Extradition Treaty
A formal agreement between two countries that establishes the conditions under which a person can be extradited from one country to the other.
Consent to Extradition
When the individual sought for extradition consents to be surrendered to the requesting country without formal legal proceedings.
Human Rights Considerations in Extradition
Extradition processes must respect the human rights of the individual, which can impact whether extradition is granted.
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