Extradition Defined Clause Samples

Extradition Defined. Extradition is the process by which a person charged with or convicted of a crime under the laws of one state is arrested in another state and returned to the former state for trial or punishment. Although states have no general obligation in interna- tional law to extradite persons, the practice has become widespread and is nearly universal. Even so, the process of international extradition has serious defects. Due to so many unique legal systems throughout the world, no single set of rules is avail- able to govern the process of international extradition39. Consequently, the conditions upon which extradition may be granted vary widely. Most states require that fugitives can only be extradited from their territory pursuant to authorization by statute or treaty. Virtually all extraditions take place pursuant to bilateral extradition treaties or conventions, although certain excepted conditions can complicate the process between states. Extradition is vital for enforcing international legal rules and compelling respect for law and order. Without the political capability or legal means to extradite accused criminal offenders to states where they can be investigated, prosecuted, convicted, and appropriately punished, those persons will remain at large, the beneficiaries of impunity. Thus, extradition becomes neither a diplomatic game nor trivial activity in seeking to apprehend international criminals. It is an international process that is essential today for bringing international fugi- tives to justice in states where their alleged criminal offences were committed. Extradition procedures thus provide a necessary conduit for bringing to justice indi- viduals accused of international criminal offences, including of terrorist activities. A criminal who succeeds in placing himself outside the territory of the state where he committed the crime also places himself beyond the reach of the law that he has violated. Through the formal process of extradition, one government transfers the accused individual to the custody of another government. This process is usually done by treaty, reciprocity, or comity. Indeed, four centuries ago, ▇▇▇▇ ▇▇▇▇▇▇▇ asserted that it was a state’s duty either to extradite or prosecute accused criminals found within its territories if a second state requests extradition40. That vital role is highlighted by key provisions in the contemporary legal instruments to suppress international terrorist activities, as extradition is used to facil...