What is extradition in international law?

What are the basic purpose of extradition?

Extradition protects the interest of the territorial state by surrendering the criminals to the state where they come from. If the states remove the process of Extradition then the criminals like to escape in other states to save themselves from the punishment.

Why is extradition necessary?

As a matter of longstanding policy, the U.S. Government does extradite U.S. nationals for trial in other countries. This is important to ensure prosecution of persons who have committed serious crimes, whom we, ourselves, would not be able to prosecute. Not all countries, however, take this approach.

What is extradition law in India?

In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962. This is for both extraditing of persons to India and from India to foreign countries. The basis of the extradition could be a treaty between India and another country.

What is difference between extradition and asylum?

Extradition aims at securing criminal justice and denying safe haven to fugitive leading to a stable transnational criminal cooperation between the sovereign states. Whereas Asylum seeks to provide a safe and secure living for individuals on the run from their home country in order to avoid political persecution.

Why do countries extradite?

Extradition enables countries to apprehend fugitives and other wanted criminals involved in crimes such as terrorism, counterfeiting, drug trafficking, and cybercrime even if those fugitives are hiding halfway around the world—provided they are hiding in a country with which the first country has an extradition treaty.

What countries have no extradition?

Which countries do not extradite their citizens?

Jurisdictional issues. Own citizens - some countries will not extradite their own citizens notably Austria, Brazil, the Czech Republic, France, Germany, Japan, Norway, the People's Republic of China, the Republic of China (Taiwan), Russia, Saudi Arabia, Switzerland and Syria.

What are examples of extradition?

Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada.

What do you mean by jus cogens?

Jus cogens (from Latin: compelling law; from English: peremptory norm) refers to certain fundamental, overriding principles of international law.

Can refugees be extradited?

A request for the extradition of a refugee may relate to a person who has been formally recognized as such or to a person who, although not so recognized, may nevertheless fulfil the criteria for refugee status.

What is double criminality in international law?

In extradition. Another common principle is double criminality, which stipulates that the alleged crime for which extradition is being sought must be criminal in both the demanding and the requested countries.

Can a non citizen be extradited?

Yes, extradition of a fugitive criminal is possible where a foreign state does not have a pre-existing extradition treaty (whether bilateral or multilateral) with India.

Who all can be extradited to India?

What is extradition and asylum in international law?

Extradition can be used as an obligation and duty of the territorial state for the surrender of the person seeking Asylum if there exists a treaty for the same between the territorial state and requesting state or there is a common treaty or convention where both the states happen to be a signatory.

What are the conditions of extradition?

Essential conditions for extradition

i) The relevant crime is sufficiently serious. ii) There exists a prima facie case against the individual sought. iii) The event in question qualifies as a crime in both countries. recipient country.

Why do countries not extradite?

Some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face torture.

What is the best country to hide in?

Tunisia and Indonesia could be an excellent safe haven. The Maldives, Vanuatu, and Tunisia are all non-extradition countries. Vanuatu is a tax-free nation and has interesting citizenship by investment program.

What country can you flee to avoid jail?

Does Dubai have extradition?

The UAE is very proactive when it comes to extradition, and authorities are familiar with the process. It receives and sends numerous extradition requests every year. Extradition requests sent by the UAE are prepared and sent by the International Co-operation Department of the Public Prosecution.