Home Extradition The Issues With Extradition

The Issues With Extradition

The Issues With Extradition

Extradition is a legal process that has been around for hundreds of years, and it is the act of one country legally surrendering a person to another country for trial or punishment. The process can be initiated by either the requesting country or the country that is being asked to surrender the individual. The process of extradition can be very complicated, and it is often governed by treaties between countries. There are many issues with extradition, and this article will explore them in detail.

The Concept of Extradition:

Extradition is based on the principle of comity, which is a recognition by one country of the legal jurisdiction of another country. The process is often initiated by a request from the requesting country to the country where the individual is located. The requesting country must provide evidence that the individual has committed a crime and that the evidence is sufficient to warrant a trial. The country that is receiving the request will review the evidence and decide if the request is valid.

The legal process of extradition can be very complicated, and it can take a long time to complete. There are many legal requirements that must be met, and many countries have different legal standards. The process can also be influenced by political considerations, and countries can refuse to extradite individuals for political reasons.

Political Considerations:

Extradition is often governed by treaties between countries, and these treaties can be influenced by political considerations. Some countries may refuse to extradite individuals for political reasons, even if the request is valid. This can lead to diplomatic tensions between countries and can make the process of extradition more difficult.

One example of this is the case of Julian Assange, the founder of Wikileaks. Assange was arrested in London in 2010, and the United States requested his extradition on charges of espionage. However, the process of extradition was delayed for many years, and Assange remained in the Ecuadorian embassy in London until 2019. Many believe that the delay was due to political considerations, as Assange had been accused of releasing sensitive information that was embarrassing to the United States government.

Legal Requirements:

Extradition is governed by many legal requirements, and these requirements vary from country to country. The requesting country must provide evidence that the individual has committed a crime, and this evidence must be sufficient to warrant a trial. The country that is receiving the request will review the evidence and decide if the request is valid.

Many countries have different legal standards, and this can make the process of extradition more difficult. For example, some countries will not extradite individuals if the death penalty is a potential punishment. Other countries may require a higher standard of evidence than the requesting country.

One recent example of this is the case of Anne Sacoolas, the wife of a US diplomat. Sacoolas was involved in a car accident in the UK that resulted in the death of a British citizen. The UK requested her extradition on charges of causing death by dangerous driving. However, the US refused to extradite her, citing diplomatic immunity. This case highlights the legal complexities of extradition, and how political considerations can sometimes override legal requirements.

Human Rights Concerns:

Extradition can also raise human rights concerns, especially if the individual is facing trial in a country where they may not receive a fair trial. Many countries have different legal systems, and some countries may not have the same standards of justice as others.

One example of this is the case of Alexei Navalny, a Russian opposition leader who was poisoned in 2020. The Russian government has accused Navalny of violating parole conditions, and has requested his extradition from Germany. However, many believe that Navalny may not receive a fair trial in Russia, and his supporters have raised concerns about his safety.

Conclusion:

Extradition is a complicated legal process that can be influenced by political considerations, legal requirements, and human rights concerns. While extradition can be an important tool in the fight against crime, it is important that the process is fair and just. With the increasing globalization of the world, extradition will continue to be an important issue in international law.


Extradition is the legal practice of transporting an individual who is suspect of a criminal act over state or country borders. Extradition is done when a suspected criminal has left the location of where the crime was committed. Problems of extradition mainly surround tension between countries.
In ideal cases, countries will have signed a bilateral treaty promising that should there be a case of extradition, the individual in question will be transferred immediately; however, often extradition problems stem from a lack of treaties. If two countries have had previous altercations or do not share the same political or governmental beliefs and views, a treaty may not be generated.
Problems of extradition also involve opposing views of the individual in question to be extradited. If a country sees the individual as an upstanding citizen, they may refuse to extradite him/her to the opposing country.