1. Extradition
Dr. Eric Engle DEA

2. Extradition Extradition Double Criminality
Constitutional Prohibitions of Extradition; Capital Punishment and Extradition
Extradition Treaties

3. Definition
Extradition is the delivery of custody of an accused person to a foreign country
French: Extradition German Auslieferung

4. Non-Extradition
Some countries, notably Russia, but also Israel, do not extradite their own citizens, either as a matter of constitutional law, ordinary law, or administrative practice.
France and Germany In theory don't extradite their own citizens but the European Arrest Warrant provides otherwise (potential constitutional issue!)
Political issue: “He's our boy” versus “It's our victim”.

5. Actual State Practice Extradition may be governed by a treaty
Or instead by the diplomatic services on a case-by- case basis
Right of diplomatic protection
Abduction: Illegal under international law but often occurs. Remedy of the abducted person is diplomatic/political, not legal. Note of protest.
Cases: Eichman, Argoud, Alvarez-Machain v. Sosa

6. Defences to Extradition
Dual Criminality
Political Offence Exception
In decline e.g European Convention on the Suppression of Terrorism
Death Penalty – some states refuse to extradite to other states which impose death penalty

7. Extradition and Jus Cogens
Under international law the jus cogens obligations of the state entail a duty on all states to either prosecute or extradite the jus cogens criminal.
“Aut dedere aut iudicare”
This is to prevent any state from being a safe harbor for the worst criminals.

8. Thank you for listening!
Any questions?