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EXTRADITION IN INTERNATIONAL LAW. Concept, Legal Framework, Procedure & Case Law.

The Concept of Extradition. Extradition is the process by which a person accused or convicted of an offense in one country is returned by another country where they have fled. It stems from the Latin maxim "aut dedere aut judicare" which means “either extradite or prosecute”..

What is Extradition?. Extradition is the formal legal process by which one sovereign State surrenders an individual, accused or convicted of a crime, to another State for the purpose of prosecution or enforcement of a sentence. This complex mechanism is crucial for ensuring that justice is served globally, preventing criminals from escaping accountability by crossing international borders..

Purpose of Extradition. Prevent Escape. Ensures that criminals cannot evade punishment by fleeing to other countries..

Prerequisites for Extradition. Extraditable Persons Extraditable Crimes Not own nationals (many countries refuse) Not political offenders (controversial) Not already punished (double jeopardy) Determined by the principle of double criminality. Generally, most crimes are extraditable except: Religious offenses Military offenses.

International Extradition Frameworks. 1. 1949: Geneva Conventions.

Legal Basis of Extradition. Bilateral Treaties Multilateral Conventions Domestic Law These are agreements between two sovereign states specifically outlining the conditions, offenses, and procedures for extradition. They form the backbone of most extradition relationships. These broader agreements involve multiple states and often target specific categories of international crimes, incorporating provisions for extradition among signatory parties. Each state enacts its own national laws to govern the practical implementation of extradition requests received from or made to other countries. Example: The Extradition Treaty between India and the United Kingdom (1992) facilitates the surrender of fugitives between these two nations. Examples: The European Convention on Extradition; United Nations conventions targeting terrorism, corruption, and narcotics trafficking. In India: The Extradition Act, 1962, provides the legal basis and procedure for extradition within the country's jurisdiction..

GLOBAL INSTRUMENTS. International Legal Framework.

THE PROCESS. Extradition Procedure (Step-by-Step).

Refusal Grounds for Extradition. Even when a valid extradition request is made, there are specific circumstances under which a state may, or even must, refuse to surrender an individual. These grounds often reflect fundamental legal and human rights principles..

Important Principles of Extradition. Principle of Double Criminality.

Further Principles and Human Rights Protections. Rule Against Extradition for Military Offences.

Landmark International Extradition Cases. Key legal cases have profoundly shaped the interpretation and application of extradition law, particularly regarding human rights and procedural fairness..

EUROPEAN Ill lillitN. Held: The European Court of Human Rights (ECtHR) found that extraditing Soering to face the death penalty, given the likely lengthy incarceration on death row, would indeed violate Article 3 of the ECHR. This landmark ruling prevented his extradition and significantly strengthened the human rights protections within extradition law, establishing that states cannot extradite individuals to face a risk of treatment that contravenes the ECHR, even if the treatment would occur in the requesting state..

Human Rights and the Balancing Act in Extradition.

Contemporary Issues and Future Challenges in Extradition.

Challenges in Extradition Law. Misuse of Double Criminality.

Extradition Under Indian Laws. India's extradition framework is primarily governed by the Extradition Act, 1962..

Extradition Procedure to Extradite from India. From India.

To India. Magistrate Request. Indian Magistrate issues formal request.

Landmark Extradition Cases related to Indians. Savarkar's Case (1910).

CONCLUSION. Extradition: A Pillar of International Law in a Globalized World.

Essential in the Era of Globalized Crime. In an age where crime transcends national borders, from cyber offenses to transnational organized crime and terrorism, extradition remains an indispensable tool. It ensures that perpetrators cannot evade accountability by simply crossing a frontier, thereby safeguarding international security and order..