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Extradition

The document discusses the purposes and principles of extradition in international law, highlighting its role in crime suppression, deterrence, and international cooperation. It outlines key concepts such as the necessity of extradition treaties, the treatment of political offenders, the doctrine of double criminality, and the rule of specialty. Extradition is characterized as a dual law system, involving both national and international legal frameworks.

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2 views

Extradition

The document discusses the purposes and principles of extradition in international law, highlighting its role in crime suppression, deterrence, and international cooperation. It outlines key concepts such as the necessity of extradition treaties, the treatment of political offenders, the doctrine of double criminality, and the rule of specialty. Extradition is characterized as a dual law system, involving both national and international legal frameworks.

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buggatikhan250
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© © All Rights Reserved
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MADE BY :

JYOTIKA 1
ASSISTANT PROFESSOR OF LAW-UILS ,CHANDIGARH UNIVERSITY
www.cuch Campus: Gharuan, M
Extradition

Purposes of Extradition
A criminal is extradited to the requesting State because of the following reasons:
1.Extradition is the process towards the suppression of crime. Normally a person cannot be
punished or prosecuted in a State where he has fled away because of lack of jurisdiction or
because of some technical rules of criminal law. Criminals are therefore extradited so that their
crimes may not go unpunished.
2.Extradition acts as a warning to the criminals that they can not escape punishment by fleeing
to another State. Extradition, therefore, has a deterrent effect.
3.Extradition is based on reciprocity. A State which is requested to surrender today may have
to request for extradition of a criminal on some future date.
4.Extradition is done be because it is a step towards the achievement of international co-
operation in solving international problems of a social character. Thus, it fulfills one of the
purposes of the United Nations as provided under Para 3 of Article 1 of the Charter.

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Law of Extradition
In International law, rules regarding extradition are not well
established mainly because extradition is a topic which does not
come exclusively under the domain of international. Law of
extradition is dual law. It has operation national as well as
international. Extradition or non-extradition of a person is
determined by the municipal courts of a State, but at the same time,
it is also a part of international law because it governs the relations
between two States over the question of whether or not a given
person should be handed over by one state to another.
Bilateral treaties, national laws of several States, and the Judicial decisions of municipal
courts led to developing certain principles regarding extradition which are deemed as
general rules of International Law. Important amongst them are as follows:

Extradition Treaties: the first and foremost condition of extradition is the existence of an
extradition treaty between the territorial state and requesting state. Some states such as the
United States, Belgium, and the Netherlands, require a treaty as an absolute pre-condition.
The strict requirement of an extradition treaty may be regarded as the most obvious
obstacle to international co-operation in the suppression of crimes. Since extradition treaties
are politically sensitive and require careful and lengthy negotiations, States have few
extradition treaties and the criminal can usually find a safe haven- that is a state which
requires a treat

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Extradition of Political Offenders: it is a customary rule of International
law that political offenders are not extradited. In other words, they are
granted asylum by the territorial state.

The doctrine of Double Criminality: the doctrine of double criminality


denotes that a crime must be an offense recognized in the territorial as
well as in the requesting state. No person is extradited unless this
condition is fulfilled.

Rule of Speciality: according to this principle, a fugitive may be tried by


the requesting state only for that offense for which he has been extradited.
In other words, the requesting state is under a duty not to try or punish
the fugitive criminal for any other offense than that for which he has been
extradited unless he has given an opportunity to return to the territorial
state. The rule has been made to provide safeguard to the fugitives against
fraudulent extraditions.
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www.cuch Campus: Gharuan, M
Thanks

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www.cuch Campus: Gharuan, M

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