Extradition Treaties and International Law Balancing Sovereignty and Justice (original) (raw)
Related papers
2016
Extradition as an act of international cooperation for the repression of criminal activities of the criminal offenders is one of the various models whereby one sovereign state delivers up the alleged accused criminals found within its jurisdiction, on demand, to anoth according to the penal laws. Extradition has evolved among states because they are vitally interested in the repression of crimes and punishment of criminals who violate their national laws and thus dist peace of the society. This article aims to describe the problems with which extradition is faced, especially with the obligation to extradite and with the obligation to take care of her own citizens in situations when the Constitution does not allow extradition of own nationals and in the absence of an extradition treaty.
Extradition and State Responsibilities on the Protection of Rights of Requested Persons
International Journal of Research and Innovation in Social Science (IJRISS), 2023
In recent time, the world has experienced an unprecedented upsurge of emerging national, transnational and international crimes perpetrated by individuals and groups. Perpetrators of these crimes sometimes escape to another country and evade immediate arrest, detention, prosecution, conviction, sentence and/ or punishment. Nonetheless, such individuals are sometimes formally surrendered to the requesting state, where the crimes were committed, upon request made to the requested state for their return through extradition in accordance with extradition laws. These laws place responsibilities on the requesting and requested states regarding the protection of rights of requested persons. This work examines state responsibilities for the protection of rights of requested persons. Using the doctrinal methodology, this work found that many state parties typically fail in their responsibilities to protect the rights of requested persons, which results in the violation of those rights. The work recommends strengthening of extradition laws on the protection of rights of requested persons by state parties; provision of clear penalties on involved states; establishment and strengthening of a realistic enforcement mechanism against involved states and provision of compensation for requested persons where their rights are violated.
Supremasi Hukum: Jurnal Kajian Ilmu Hukum, 2024
This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.
Defending core values: Human rights and the extradition of fugitives
Journal of Peace Research, 2020
Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates wit...
The Role of Extradition Treaties in Crime Management and Combating Terrorism
International Journal of Trend in Scientific Research and Development (IJTSRD), 2018
Many countries all over the world is enmeshed and grappling with the problems of crimes, threats and terrorism. These crime incidence have occurred with high level of intensities and fatalities that could be said that nations of the world have lost its coo existence, because solutions to these problems seems to be unabated as a result of international collaboration and the extradition treaties in combating these ugly menace which seems to be comatose. Hence, this paper examines and addresses the role extradition treaties in management of crime and combating terrorism. The study critically examined the principles and processes of extradition and the general problems associated with it. The study uses comparative and qualitative analyses as its methodological components to x-ray the relationship between extradition treaties and global terrorism. Secondary sources of data become the hub of its methodology. The Dual/ Double criminality theory which has its root in the Jay Treaty of 1794 of the United States and Great Britain, popularized by Lech Gardodei in 1993, was used as its theoretical framework. The study revealed that some of these extradition treaties prevent punishment of protected persons. The study discovered that lack of synergy between extraditing countries constitutes impediments against the management of crime and combating terrorism. The study further found out that international political power game guiding extradition and management of crimes and combating terrorism impede transnational prosecution. The study recommended a strong political will among member @ IJTSRD | Available Online @ www.ijtsrd.com | Volume-2 | Issue-2 | Many countries all over the world is enmeshed and grappling with the problems of crimes, threats and terrorism. These crime incidence have occurred with high level of intensities and fatalities that could be said that nations of the world have lost its cooperate existence, because solutions to these problems seems to be unabated as a result of international collaboration and the extradition treaties in combating these ugly menace which seems to be comatose. Hence, this paper examines and addresses the role of extradition treaties in management of crime and combating terrorism. The study critically examined the principles and processes of extradition and the general problems associated with it. The study uses comparative and qualitative analyses as its ray the relationship between extradition treaties and global terrorism. Secondary sources of data become the hub of its methodology. The Dual/ Double criminality theory which has its root in the Jay Treaty of 1794 of the tes and Great Britain, popularized by Lech Gardodei in 1993, was used as its theoretical framework. The study revealed that some of these extradition treaties prevent punishment of protected persons. The study discovered that lack of synergy diting countries constitutes impediments against the management of crime and combating terrorism. The study further found out that international political power game guiding extradition and management of crimes and combating terrorism prosecution. The study recommended a strong political will among member nations in order to ensure compliance to extradition treaties and to combat terrorism globally.
grin, 2019
The determination of the international community to combat non-criminality and the fight against international crime has prompted the international community to find ways to address the legal vacuum existing in international criminal law. Due to the temporary nature of the courts established since World War II, as well as the absence of major crimes such as terrorism and human trafficking in the Statute of the International Criminal Court, the international community is inclined towards domestic courts and plans for actions such as global jurisdiction and commitment to extradition or trial. Due to differences arising from the obligation to perform an extradition or trial, it is necessary to examine the principles governing this obligation. Meanwhile, the judiciary and international bodies' opinions on these actions are of great importance. The International Court of Justice is one of the most prominent legal entities in the international community in terms of its distinctive and important role in the development of international law. In the present article, the Tribunal's judgments on the obligation to extradite or trial and the effect of the Court on the development of this commitment have been examined.