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Essay Sample: What Is International Extradition?

August 18th, 2016

international-law-essay

When it comes to extradition, the term means legal process by which an individual gets transferred from one place to the another without his or her consent. To cut it, that’s how authorities do their best to make sure people won’t evade justice. When someone does something illegal in a state and then sets off to the other one, he or she can be sent back to the state, where the crime was committed to face the justice. However, in case there’s no solid provision for extradition, individuals can escape from law through changing their current location.

Now let’s take a look at what international extradition is. The term means the formal process by means of which an individual found in one country gets surrendered to the other to face the punishment or just the trial. This is regulated and conducted between two governments – the one of the USA and the other of a foreign state.

When a criminal of nation A makes an effort to escape from justice by moving to country B, country A can make a special request to the nation B. The extradition treaties are then signed and, as a result, the criminals are being transferred to the requesting country. But it is necessary to point out that this criminal transfer can be performed only by keeping in mind that all sovereign policies of the other countries should be respected. What is more, a country cannot surrender an individual to the other nation in case it goes against the constitution of the nation. In case there are no valid treaties provided between the countries, international law gives the right to suspend transfer of the fugitive to the foreign land. When demanding the fugitive surrender, the country must provide a properly written request that should be then sent by means of diplomatic channels to the appropriate justice ministry.

An interesting fact about international extradition is that a lot of countries all over the globe won’t extradite their own citizens to face the punishment or trial since that’s prohibited by their constitutions. For instance, Russian Federation argued that its constitution banned it from extraditing well-known Andrei Lugovoi, who tried to kill dissident Alexander Litvinenko in London in 2006.

As for Germany, this country also has a solid constitutional law. In case the court considers the request not proportionate, the representatives of the Constitutional Court have the right to block the extradition. The other example is about the Netherlands. Nation also tends to send a request that a person accused of crimes committed in the other country is sentenced only in the Netherlands. France in turn, provided refuge to famous Roman Polanski, wanted by the United States after fleeing before the he could be sentenced for having sex with a 13-years old girl, due to his French citizenship.

Taking into accordance the recent challenges that are now being faced by the global community, it is more desirable that each of the international crime perpetrators be brought to justice only in the courts that are efficient enough to try them. But the reality is that international law makers do not seem to adequately cooperate to ensure such trials are held.

References:

  • Cadle v. Cauthron, 266 Ark. 419 (Ark. 1979).
  • Pajkanovic v. United States, 353 Fed. 183 (11th Cir. Fla. 2009).
  • Markham v. Pitchess, 605 F.2d 436 (9th Cir. Cal. 1979).
  • Nanda & David K. Pansius, Litigation of International Disputes in U.S. Courts § 10:21 (2d ed. 2013) (detailed discussion of the implications of the Convention Against Torture for extradition law).
  • Cryer et al, Introduction to International Criminal law and Procedure: Principles, Institutions (2007) Cambridge University Press.
  • Joseph et al, The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (2005) 2nd Ed. Oxford University Press.
  • Nicholls et al: The Law of Extradition and Mutual Assistance (2007) 2nd Ed. Oxford University Press.
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