The Complete Guide to Extradition

31.01.2025, Extradition: Definition, Characteristics, and Historical Evolution

Extradition is a legal process through which an individual accused or convicted of a crime in one country can be delivered by another country. This process is governed by a series of international treaties and national laws and has undergone significant evolution over time.

Definition of Extradition:

Extradition is defined as a procedure of international judicial cooperation. Through this mechanism, a state can request the delivery of an individual accused of a crime to be tried in its territory or to serve a sentence already imposed. There are two main situations in which extradition can occur:

1. Extradition of a suspect: When a person is accused of a crime and flees to the territory of another state before being tried.

2. Extradition of a convicted person: When a person has already been convicted of a crime but flees before serving the sentence.

Characteristics of Extradition:

1. Procedural nature: The rules regarding extradition are procedural rather than substantive. This means they focus on the methods and procedures to be followed rather than the merits of the crime itself.

2. International nature: Extradition necessarily involves multiple states. It can occur between two sovereign states or between a state and an international legal body, such as the International Criminal Court.

3. Voluntary or cooperative nature: Extradition is not mandatory; states can decide whether to proceed or not. However, there may be political responsibilities if a state refuses to extradite a criminal, as highlighted in the Lockerbie case.

4. Global nature: Extradition is influenced by globalization, which has made the world a "global village." Concepts such as human rights and justice have taken on a universal dimension, altering national laws related to extradition.

Walls of Extradition:

There are specific circumstances under which a country may refuse to extradite an individual. These include:

• Political crimes: It is not possible to extradite someone accused of a political crime.

• Risk of the death penalty: If the penalty imposed is the death penalty, extradition may be denied.

• Discrimination based on racial, religious, or political grounds: A person cannot be extradited if there is a suspicion that they will be persecuted for their political opinions or for racial or religious reasons.

These principles are now recognized globally and contribute to defining extradition policies.

Justifications for Extradition:

The justifications for extradition are numerous and largely related to the need to ensure that criminals are held accountable for their actions. Extradition offers the following advantages:

• Principle of territoriality: This principle establishes that the crime should be prosecuted in the place where it was committed. Extradition helps maintain this principle in practice.

• International cooperation: In a world where crime can cross borders, cooperation between states is essential to ensure justice.

Historical Evolution of Extradition:

Extradition is not a new concept. Its roots can be traced back to ancient times. For example:

• Ancient Egypt and the Hittite Empire: An agreement between Ramses II and the Hittite king provided for the return of fugitive criminals.

• Middle Ages: In 1300, King Henry II of England made an agreement with the King of Scotland regarding the treatment of traitors.

Over time, extradition has evolved from informal agreements between states to formal international conventions.

Treaties and Conventions:

In recent centuries, extradition has been formalized through a series of bilateral and multilateral treaties. Some highlights include:

• Bilateral treaties: Specific agreements between two states to regulate extradition. For example, treaties between France and England.

• Regional treaties: Agreements involving multiple states in a particular region, such as the European Union Extradition Convention.

• United Nations Convention: In 2001, the United Nations adopted a Convention against Transnational Organized Crime, which includes provisions for extradition.

In summary, extradition is a complex legal process that requires a deep understanding of national and international laws. It is characterized by procedural norms, a strong sense of international cooperation, and human rights principles that influence states' decisions. Its historical evolution, from informal practices to international treaties, demonstrates the growing importance of addressing crime on a global scale. Awareness of these aspects is essential for anyone wishing to understand the modern legal landscape and its challenges.