Difference between revisions of "Extradition"
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Under generally accepted international law, a nation does not have any obligation to surrender an alleged criminal to a foreign state via a request for extradition because of its own sovereignty and legal authority over people within its borders. However, the desire of the right to demand the extradition of alleged criminals has led to a proliferation of extradition treaties amongst countries to codify the ability to demand extradition. A comprehensive collection of extradition treaties through 1995, sorted by nation, is available through the United Nations Crime and Justice Information Network (UNCJIN) here. | Under generally accepted international law, a nation does not have any obligation to surrender an alleged criminal to a foreign state via a request for extradition because of its own sovereignty and legal authority over people within its borders. However, the desire of the right to demand the extradition of alleged criminals has led to a proliferation of extradition treaties amongst countries to codify the ability to demand extradition. A comprehensive collection of extradition treaties through 1995, sorted by nation, is available through the United Nations Crime and Justice Information Network (UNCJIN) here. | ||
| − | The two major types of international treaties concerning extradition are bilateral treaties and multi-national conventions. For any type of extradition agreement, however, a vital feature of any modern extradition treaty must be "the conscious purpose, openly and regularly pursued, to restore a person to an authority competent to exercise jurisdiction over him or her" in compliance with international and municipal legal norms. | + | The two major types of international treaties concerning extradition are bilateral treaties and multi-national conventions. For any type of extradition agreement, however, a vital feature of any modern extradition treaty must be "the conscious purpose, openly and regularly pursued, to restore a person to an authority competent to exercise jurisdiction over him or her" in compliance with international and municipal legal norms.<ref>See Introduction to Database on Bilateral Agreements on Extradition, Judicial/Legal Assistance, Control of Narcotic Drugs, and Prisoner Transfer by Country, available at http://www.uncjin.org/Laws/extradit/extindx.htm</ref> |
Most countries in the world have signed bilateral extradition treaties, wherein two countries enter into an agreement with specific terms for the extradition of people's within its borders to the other party to the treaty. In 1990, the United Nations created a model extradition treaty providing a framework to assist its Member States wishing to negotiate and conclude bilateral extradition agreements. | Most countries in the world have signed bilateral extradition treaties, wherein two countries enter into an agreement with specific terms for the extradition of people's within its borders to the other party to the treaty. In 1990, the United Nations created a model extradition treaty providing a framework to assist its Member States wishing to negotiate and conclude bilateral extradition agreements. | ||
