Extradition

Question 1

Extradition

Answer 1

A mechanism to get accused to territory by requesting transfer from requested state.
Extradition lowers transaction cost and minimizes moral hazard of people getting away with crime b/c of national boarders.
Mostly created through bilateral extradition treaties.

Question 2

Rendition

Answer 2

A state, by executive decision, privately hands over an individual without official inquire or review, OR seizing of an individual within the territory of another state for the purpose of rendering that person to a third state. ⇨ Exclusion of judiciary.

Question 3

Double criminality

Answer 3

Extradition is only granted for serious offenses criminalized by both the requested and the requesting states (not necessary mirror image).
Int’l codes alleviate the issue through standardization of definitions and criminalization.
Int’l law lowers transaction costs and rects a universal framework that also leads to a loss of diversity of lives lived locally and cultures experienced differently.

Question 4

Political Offenses Exception

Answer 4

Political offenses will not lead to extradition UNLESS they are violent ⇨ Violence necessary for liberalization was criminalized.

Question 5

US/Canada Extradition Treaty (5 points)

Answer 5

• Art. 7bis: requested state can temporarily surrender someone for prosecution
• Art. 13: requested state with multiple requesting states consider extradition b/w states, seriousness of the crime, where and when crime was committed
• Art. 17bis: both states have interest in prosecuting, see Art. 13.
• Aut dedere aut judicare: extradite or prosecute provisions.
• Art. 6: Boilerplate extradition clause regarding the death penalty.