Difference between revisions of "Extradition"
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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> | 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.<ref>Model Treaty on Extradition, G.A. Res. 45/116, U.N. Doc. A/RES/45/116 (Dec. 14, 1990), available at http://www.un.org/documents/ga/res/45/a45r116.htm</ref> |
Additionally, some countries will enter into multi-national conventions under which several or more nations will agree to extradition terms amongst all signatories. Examples of multi-national conventions on extradition include: | Additionally, some countries will enter into multi-national conventions under which several or more nations will agree to extradition terms amongst all signatories. Examples of multi-national conventions on extradition include: | ||
| − | *European Convention on Extradition | + | *European Convention on Extradition<ref>Available at http://conventions.coe.int/treaty/en/Treaties/Html/024.htm. The European Convention on Extradition was supplemented by the Simplified Extradition Procedure Between Member States act of the European Union, passed on Mar. 10, 1995 to further facilitate extradition amongst EU Member States. 1995 O.J. (78), available at http://europa.eu/legislation_summaries/justice_freedom_security/judicial_cooperation_in_criminal_matters/l14015a_en.htm</ref> |
| − | *Commonwealth Scheme for the Rendition of Fugitive Offenders | + | *Commonwealth Scheme for the Rendition of Fugitive Offenders<ref>Available at http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/%7B717FA6D4-0DDF-4D10-853E-D250F3AE65D0%7D_London_Amendments.pdf</ref> |
*Arab League Extradition Convention | *Arab League Extradition Convention | ||
| − | *Interamerican Extradition Convention | + | *Interamerican Extradition Convention<ref>>Available at http://www.oas.org/juridico/english/treaties/b-47.html</ref> |
*Economic Community of West African States Extradition Convention | *Economic Community of West African States Extradition Convention | ||
| − | Some countries will grant extradition without a treaty, but every such country requires an offer of reciprocity when extradition in such circumstances. | + | Some countries will grant extradition without a treaty, but every such country requires an offer of reciprocity when extradition in such circumstances.<ref>http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/15mcrm.htm#9-15.100</ref> |
| − | In 1973, the United Nations passed a resolution specifically noting the importance of extradition in the process of punishing war crimes, noting that Member States should take steps to help detect and investigate persons suspected of having committed war crimes and assist in their punishment by facilitating extradition to the home state of the offending individual. | + | In 1973, the United Nations passed a resolution specifically noting the importance of extradition in the process of punishing war crimes, noting that Member States should take steps to help detect and investigate persons suspected of having committed war crimes and assist in their punishment by facilitating extradition to the home state of the offending individual.<ref>Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, G.A. Res. 3074 (XXVIII) (Dec. 3, 1973), available at http://www2.ohchr.org/english/law/guilty.htm</ref> |
Interestingly, no country in the world has an extradition treaty with all other countries. | Interestingly, no country in the world has an extradition treaty with all other countries. | ||
