Non-Extradition for Political Offenses: The Communist Perspective

21 Pages Posted: 14 May 2015

See all articles by Martin E. Gold

Martin E. Gold

Sidley Austin LLP; Columbia University - Law School; Columbia University - Graduate School of Architecture, Planning and Preservation

Date Written: 1970

Abstract

A key problem in political asylum determinations has been determining what constitutes a "political" offense. The controversy includes the issues of what should be done with respect to terrorists, political assassins, war criminals, deserters, and prisoners of war, who seek asylum.

Communist views regarding general principles of extradition were quite similar to those of countries outside the communist sphere. Principles of reciprocity, double criminality, speciality, non-refoulement, and so forth were all applied. The political offenses exception, however, was heavily influenced by the communist point of view. The definition of "political," in spite of its humanitarian basis, was bound up in ideological considerations.

This article explores the communist perspective on asylum. On the way, it considers the communist law of extradition and what constituted a political offense for communist countries, with special attention several subjects such as terrorism, "attendat" clauses, and to war crimes.

Keywords: asylum, extradition, political offenses, hijacking, terrorism, war crimes, communist principles of international law, attendat, political assasination

Suggested Citation

Gold, Martin E., Non-Extradition for Political Offenses: The Communist Perspective (1970). Harvard International Law Journal, Vol. 11, No. 191, 1970, Available at SSRN: https://ssrn.com/abstract=2589211

Martin E. Gold (Contact Author)

Sidley Austin LLP ( email )

787 Seventh Avenue
New York, NY 10019
United States

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

Columbia University - Graduate School of Architecture, Planning and Preservation

New York, NY
United States

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