Extradition of Transnational Criminals
A chapter for Neil Boister & Robert J. Currie, eds., Routledge Handbook of Transnational Criminal Law (London: Routledge, 2014) at 153-166
15 Pages Posted: 14 Feb 2014 Last revised: 29 Nov 2018
Date Written: January 1, 2014
The effort to suppress transnational crimes has not led to the creation of a new extradition processes, but instead relies upon various pre-existing extradition arrangements that are flexible enough to accommodate a variety of serious offences. Yet, despite the longstanding nature of these arrangements, extradition nevertheless remains a fraught process, often subject to delays, despite years of law reform. This chapter examines the issues that arise, taking into account the historical perspective as well as illustrative developments of a multilateral nature in both Europe and the Americas. The template for a model extradition treaty, as approved by states under the aegis of the United Nations, is also discussed, with its existence (notwithstanding revision in 1997) having failed to address the main obstacle to any effective extradition scheme, namely the lingering sense of distrust in another’s justice system that leads to the insistence on grounds for refusing an otherwise valid extradition request.
Keywords: extradition, transnational crime, criminal law cooperation, European Convention on Extradition, Inter-American Convention on Extradition, European Arrest Warrant, UN Model Treaty on Extradition
JEL Classification: K10, K14, K30, K33, K42
Suggested Citation: Suggested Citation