Extradition Overview: An In-Depth Exploration of International Criminal Law
Introduction
Extradition is the legal process by which a person who has committed a crime is surrendered from one country to another. The practice has a long history that dates back to ancient Greece. In modern times, extradition has been a critical tool for international law enforcement agencies to bring criminals to justice.
The legal practice of extradition is based on principles of reciprocity and comity among nations. All countries are aware of the staggering cost of crime and its devastating effects on society at large. Extradition serves as a means to ensure that criminals are held accountable for their actions, regardless of where they hide or flee.
Extradition as a Legal Process
The extradition process is a model of legal cooperation among sovereign nations. Countries enter into bilateral or multilateral treaties that obligate them to extradite fugitives charged with specific offenses.
The extradition process can be initiated by the requesting country or the country that harbors the wanted person, also known as the requested country. The requesting country presents a request for extradition to the requested country that typically includes an arrest warrant and other legal documents related to the case.
If the requested country decides to grant extradition, it is required to transport the extraditee to the requesting country. Once the accused arrives in the requesting country, they face charges of the alleged crime as if they had never left.
Extradition proceedings are complex and can take years to finalize. The requesting country must provide sufficient evidence to meet the legal requirements of the requested country. If the extradition request does not satisfy legal standards, the requested country can refuse to extradite the fugitive.
Types of Extradition
There are two types of extradition; they are political extradition and criminal extradition.
Political extradition is when a person is accused of a political offense, and they are sought for trial or punishment in another country. Political offenses do not qualify for extradition under many international treaties. For example, the United States does not extradite people accused of treason, sedition, or espionage.
Criminal extradition, on the other hand, is when a person is accused of a criminal offense and is sought for trial or punishment in another country. The criminal defense and prosecution in the requested country are handled according to its laws and procedures.
Grounds for Extradition
Treaties or bilateral agreements govern extradition procedures between nations, and the terms of extradition vary by country. The following are the most common grounds for granting extradition:
1. Dual criminality: The alleged crime must be a criminal offense in both the requesting and the requested country.
2. Evidence presented: The evidence presented for the extradition must be sufficient to warrant a trial or punishment.
3. Jurisdiction: The requesting country must prove jurisdiction over the crime committed by the fugitive.
4. Non-political offense: Most countries do not grant extradition for political offenses.
5. Human rights: The requested country can refuse extradition if it believes that the accused will face human rights violations in the requesting country.
The Role of International Organizations
The United Nations (UN) plays an active role in the international legal framework governing extradition. In 2014, the UN General Assembly adopted the Model Treaty on Extradition, which serves as a guide for countries to adopt when creating bilateral and multilateral treaties.
The International Criminal Police Organization (INTERPOL) is an international organization that promotes international police cooperation and supports law enforcement agencies in combating transnational crime. INTERPOL operates a database that contains information on wanted criminals, missing persons, and stolen property. Its activities have been instrumental in the extradition of criminals from one country to another.
Recent Developments in Extradition Law
In the last decade, several high-profile cases have gained international attention, highlighting the complexities of the extradition process.
One such case is that of Julian Assange, the founder of WikiLeaks. In 2012, Assange took refuge in the Ecuadorian embassy in London to avoid extradition to Sweden. He faced sexual assault charges in Sweden and feared that his extradition there would lead to his eventual extradition to the United States. Assange was arrested by British police in April 2019 and held for extradition to the United States on charges related to the publication of classified documents.
Another noteworthy case is that of Jho Low, a Malaysian fugitive, wanted in connection with the 1Malaysia Development Berhad (1MDB) scandal. The United States Department of Justice has accused Low of conspiring to launder billions of dollars from 1MDB, an investment fund set up by the Malaysian government. Low was arrested in October 2021, after years of evading extradition on the grounds that his safety was at risk due to his alleged involvement in the scandal.
Conclusion
Extradition is a critical tool for international law enforcement agencies to bring criminals to justice. The process is based on principles of reciprocity and comity among nations, with treaties serving as a legal framework.
There are two main types of extradition; political and criminal with criminal offense being more common. The grounds for extradition are primarily governed by the treaties. The international organizations like the UN and INTERPOL also play a significant role in the field.
Extradition has become more complex in recent times, thanks to the advent of digital technologies. Therefore there is a need for countries to come together and agree to update the existing treaties to include more advanced rules on extradition. This will provide better legal guidance for law enforcement agencies, ensuring safe and timely extradition processes.
As there are important distinctions to be made regarding extradition and deportation, so must extradition and exile be separated from another. Despite the similar name and the similarity inherent in the forcible removal of someone from a country’s custody, while extradition is usually petitioned for by a foreign country for a crime committed on foreign soil, an individual may be exiled from his or her own nation, and in some instances, the person will self-impose his or her exile to avoid persecution, as has the current Dalai Lama.
Other times, though, self-imposed exile will occur in direct response to wrongdoing, and under circumstances where innocence is arguably more doubtful. Nonetheless, if a country is predisposed to protect its residents, or that country has granted the fugitive applicant political asylum.
Famous Extradition Casesin absentia for the murder of his ex-girlfriend, but France would not extradite him unless it was proved he would get a fair trial, would not be condemned to die, and that he would get another trial.
Extradition appeals have also been filed in cases involving people who were otherwise famous. Peruvian president Alberto Fujimori, though protected from extradition in Japan, was arrested in Chile, remanded to Peru’s custody, and was tried, convicted and sentenced. Roman Polanski, after pleading guilty to statutory rape, fled the United States for France, where he is a citizen, but was arrested and now awaits extradition appeals from the United States while he remains under house arrest in Switzerland.
