Why Do Countries Make Extradition Treaties?

In today’s globalized world, people are becoming more mobile, and it’s not uncommon for someone to commit a crime in one country and then flee to another for safety. This is where extradition treaties come in handy. Extradition treaties are agreements between countries to hand over fugitives who are wanted for trial or punishment for a crime in another country. These treaties are essential tools in the fight against transnational crime and terrorism. In this article, we will explore why countries make extradition treaties.

What is Extradition?

Extradition is the act of one country surrendering an individual to another country to face criminal charges or serve a sentence imposed by a foreign court. An extradition request occurs when one state or country asks another to surrender a person who has been charged with a crime to face trial or to serve a sentence. The process of extradition usually involves complex legal procedures and diplomatic negotiations between the affected countries.

Why Do Countries Need Extradition Treaties?

Extradition treaties are an essential tool in the fight against transnational crime and terrorism. They help countries bring fugitives to justice and ensure that criminals do not escape punishment by fleeing to a foreign country. Extradition treaties are significant because they encourage cooperation between countries’ law enforcement agencies to bring criminals to justice, regardless of where they are hiding. Here are some reasons why countries need extradition treaties.

1. To Ensure Justice for Victims of Crime

Extradition treaties allow countries to hold fugitives accountable for their crimes and ensure justice is served for victims. It helps countries avoid creating safe havens for criminals, where they can commit crimes without facing consequences. Extradition treaties also encourage the rule of law and respect for human rights by ensuring that criminals are held accountable for their actions.

2. To Deter Transnational Crime

Extradition treaties also act as a deterrent to transnational crime and terrorism. It sends a clear message to criminals that they cannot escape justice by fleeing to another country. Extradition treaties create a legal framework for countries to work together to combat transnational crime, terrorist activities, drug trafficking, and money laundering.

3. To Strengthen International Cooperation

Extradition treaties foster international cooperation and mutual trust between countries. It provides a framework for countries to work together to combat crime, share information, and coordinate their efforts to bring fugitives to justice. Extradition treaties are critical in fostering friendly relations between countries, which can have a positive impact on trade, tourism, and diplomatic relations.

4. To Ensure the Effectiveness of National Justice Systems

Extradition treaties strengthen national justice systems by enabling countries to prosecute criminals who have committed crimes within their borders. By removing fugitives from the sanctuary of foreign countries, extradition treaties allow countries to enforce their laws and ensure that offenders are held accountable for their actions. It helps improve the effectiveness of national justice systems and promote the rule of law.

5. To Promote Economic Development

Extradition treaties can also promote economic development by reducing the risk of transnational crime and terrorism. Countries with robust legal frameworks and effective law enforcement agencies are more attractive to foreign investors. Extradition treaties create a legal framework that promotes stability, which is essential for economic development.

How Extradition Treaties Work

Extradition treaties outline the procedures for surrendering fugitives between the requesting and surrendering countries. These procedures include:

1. The Request

The requesting country must submit a formal request for extradition to the surrendering country. The request contains detailed information about the fugitive, including their name, nationality, and the crime they have been charged with. The requesting country must also provide evidence of the crime committed to satisfy the legal requirements of the surrendering country.

2. The Arrest

After receiving an extradition request, the surrendering country will issue an arrest warrant for the fugitive. Once the fugitive is arrested, they will be informed of the extradition request and their rights under the law.

3. The Extradition Hearing

The fugitive is entitled to a fair extradition hearing under the law of the surrendering country. The extradition hearing examines the legal requirements for surrendering the fugitive, including whether there is a valid extradition treaty between the countries involved.

4. The Surrender

If the extradition hearing is successful, the fugitive will be extradited to the requesting country to face trial or serve their sentence. The process of surrender may involve additional diplomatic or legal procedures, depending on the countries involved.

Extradition Treaties and Human Rights

Extradition treaties are subject to human rights considerations in the surrendering country. Surrendering countries may refuse an extradition request where there is a risk of the fugitive being subject to torture, cruel, or inhumane treatment or the risk of the fugitive receiving the death penalty. These issues are considered in the extradition hearing to ensure that the surrendering country’s legal obligations under human rights law are met.

The Future of Extradition Treaties

In recent years, the use of extradition treaties has come under scrutiny due to concerns about human rights, national sovereignty, and the politicization of extradition requests. High-profile cases such as that of Julian Assange and Edward Snowden have highlighted the challenges of extradition and the complexities of international legal cooperation. These challenges have led to calls for reforms to extradition laws and the development of new extradition treaties that respect human rights and national sovereignty.

Conclusion

Extradition treaties are an essential tool in the fight against transnational crime and terrorism. They provide a legal framework for cooperation between countries and promote the rule of law, respect for human rights, and economic development. Extradition treaties have their challenges, but they remain an important aspect of international law enforcement that helps countries hold criminals accountable for their actions. Future reforms to extradition laws and treaties must take into account the evolving nature of transnational crime and terrorism and the need to respect human rights and national sovereignty.

Not all criminal suspects and charges are subject to being extradition. An extradition treaty will frequently list the charges for which a particular country will assent to extraditing a foreign citizen, and in the absence of this, may provide a minimum offense or level of offenses for which extradition is possible.

Extradition of a foreign citizen, thus, is also contingent on the two countries being in accord with one another on the nature of the crime. In other words, the extradition treaty that exists between states must acknowledge the offense for which a suspect may be pursued is a crime in both jurisdictions. In international law, this is known as the doctrine of double criminality. It should be noted the nature of the crime must be equivalent, not specifically the names of the crime in both countries.