What is Extradition?
Extradition is the official procedure of turning over a person to another state for prosecution or punishment for crimes committed inside the requested nation’s borders. ‘Extradition’ is derived from two words: ‘ex’ which means ‘out’, and ‘tradium’, which means ‘give up’. The word is based on the Latin legal maxim “aut dedere aut judicare,” which means ‘either extradite or prosecute’. Usually, a bilateral or multinational treaty makes such extradition possible. There are very few governments that will extradite without a treaty. The territorial state and the requesting state are the two states that are involved in extradition. The accused or convicted person leaves to avoid trial or punishment in the ‘territorial state’. The ‘requesting state’, on the other hand, is the location of the offense or the purported location of the offense. Through diplomatic channels and following any treaty, the requesting state formally seeks the accused’s or convict’s surrender.
Key Takeaways
- Extradition employs international law to transfer an individual who is accused or found guilty of an international crime from one state or nation to another for criminal prosecution.
- Extradition accords assist nations in prosecuting offenders who have escaped their jurisdiction.
- Most foreign extraditions in the US are handled by the Marshall Service.
- The United States has extradition treaties with more than a hundred nations.
Table of Content
- What is Extradition?
- Legal Framework for Extradition
- Extradition Procedures and Processes
- Rights and Protections in Extradition Proceedings
- Challenges and Controversies in Extradition
- Conclusion
- Extradition- FAQs
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