Extradition

Extradition is a legal process where one jurisdiction hands over someone accused or convicted of a crime to another jurisdiction where that crime took place, so they can be tried or punished. It’s a cooperative effort between law enforcement systems, relying on agreements between the two sides, and it covers both the legal steps and the actual physical transfer of the person. The practice is ancient, with records showing that an Egyptian pharaoh, Ramesses II, arranged an extradition treaty with a Hittite king, Hattusili III, as far back as the 13th century BCE.

In an extradition case, a sovereign jurisdiction makes a formal request to another sovereign jurisdiction, called the requested state. If the fugitive is located in the requested state’s territory, that state can arrest them and start its own extradition process. The exact procedures the fugitive faces depend entirely on the laws and practices of the requested state.

Between countries, extradition is usually governed by treaties. When laws compel extradition—like between sub-national regions—the process is often called rendition. International law generally holds that no state is obligated to hand over an alleged criminal to another country, because each state has authority over everyone inside its borders. This lack of obligation, combined with the desire to get criminals from other places, has led to a network of extradition treaties. If no treaty exists, a state can still ask for a person’s expulsion or lawful return under the requested state’s domestic law, such as immigration rules or penal codes that allow extradition without a treaty. No country has extradition treaties with every other nation; for instance, the United States lacks such treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain, and many others.

There are two main types of extradition treaties: list treaties and dual criminality treaties. List treaties are the older, more common kind, and they specify a list of crimes for which a suspect can be extradited. Dual criminality treaties generally allow extradition if the crime carries a punishment of more than one year in prison under the laws of both countries, though the agreed sentence length can sometimes vary. Under both types, if the conduct isn’t a crime in both countries, it won’t be an extraditable offense. Typically, an extradition treaty requires the requesting country to show that the crime is serious enough, there’s a prima facie case against the person, the act is a crime in both countries, the extradited person can expect a fair trial, and the likely penalty is proportionate to the crime.

Most countries will deny extradition if they believe the suspect is being sought for a political crime. Many, like Mexico, Canada, and most European nations, refuse extradition if the death penalty might be imposed, unless they get assurances it won’t be carried out. In *Soering v. United Kingdom*, the European Court of Human Rights ruled that extraditing someone from the UK to the US in a capital case would violate Article 3 of the European Convention on Human Rights, because of harsh death row conditions and uncertain execution timelines. Parties to the European Convention also cannot extradite people who face a significant risk of torture or inhuman or degrading treatment. These restrictions are usually spelled out in extradition treaties but are controversial in the US, where some states practice the death penalty; many Americans see them as foreign interference in US justice. Conversely, people in those foreign nations often view US pressure to change or ignore their laws as interference in their sovereignty. A notable example is the extradition dispute with Canada over Charles Ng, who was eventually sent to the US on murder charges.

Countries with rule of law typically allow court review of extradition. Courts can impose restrictions or block extradition if, for example, the accusations rely on weak evidence or evidence from torture, or if the defendant won’t get a fair trial or might face cruel or degrading treatment. Several countries, including France, Austria, China, and Japan, have laws against extraditing their own citizens. Others, such as Germany, also have similar restrictions.