Extradition
Formal legal process for surrendering fugitives between jurisdictions.
Extradition is the formal legal process by which one jurisdiction surrenders a person accused or convicted of a crime to another jurisdiction where the crime occurred, for prosecution or punishment. It is a cooperative law enforcement procedure that depends on arrangements between the two jurisdictions and involves both legal proceedings and the physical transfer of custody. Extradition is an ancient mechanism, dating back to at least the 13th century BCE, when an Egyptian pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite king, Hattusili III.
- field
- International law and criminal procedure
- known_for
- Formal process for surrendering fugitives between jurisdictions
- earliest_recorded_example
- 13th century BCE treaty between Ramesses II and Hattusili III
- key_legal_concept
- No obligation to extradite without a treaty, but treaties or domestic law may allow it
- common_restriction
- Denial for political crimes or risk of death penalty
Lore & Background
Extradition is regulated primarily by treaties between sovereign states, as international law holds that no state has an obligation to surrender an alleged criminal to a foreign state. This absence of obligation, combined with the desire to demand criminals from other countries, has led to a web of extradition treaties. When no treaty exists, a state may still request expulsion or lawful return under the requested state's domestic law, such as immigration laws or penal procedure codes. No country has extradition treaties with all other countries; for example, the United States lacks treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, and Bahrain.
Reader's Guide
Extradition treaties are of two main types: list treaties, which specify crimes for which extradition is allowed, and dual criminality treaties, which allow extradition if the conduct is a crime in both countries and punishable by more than one year imprisonment. Generally, extradition requires that the crime be sufficiently serious, that a prima facie case exists, that the act is a crime in both countries, that the extradited person can expect a fair trial, and that the penalty is proportionate. Most countries deny extradition for political crimes, and many, such as Mexico, Canada, and most European nations, refuse extradition if the death penalty may be imposed unless assurances are given. The European Court of Human Rights, in Soering v. United Kingdom, ruled that extradition to the United States in a capital case would violate Article 3 of the European Convention on Human Rights due to harsh death row conditions. Some countries, like France, Austria, China, and Japan, have laws against extraditing their own citizens, while others, such as Germany, Russia, and Israel, have constitutional prohibitions. Within the European Union, the European Arrest Warrant has waived usual safeguards for specified offences, arguing that all member states are committed to fair trials and the European Convention on Human Rights.
Did You Know?
- Extradition dates back to at least the 13th century BCE, when Ramesses II negotiated a treaty with Hattusili III.
- No country has an extradition treaty with all other countries; the United States lacks treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, and Bahrain.
- In Soering v. United Kingdom, the European Court of Human Rights ruled that extradition to the United States in a capital case violated the European Convention on Human Rights.
- Some countries, such as France, Austria, China, and Japan, have laws against extraditing their own citizens.
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