Striking a Balance: Navigating Exemptions in Extradition for Terrorism and Political Offenses under International Law
DOI:
https://doi.org/10.14421/sh.v12i2.3157Keywords:
Extradition, Terrorism, Political Offences, International Laws, TreatiesAbstract
This legal study critically analyzes the complexities of navigating exceptions to extradition, particularly concerning Terrorism and political offenses. It also distinguishes between comprehensive and sectoral conventions as well as universal and regional treaties, explaining the various approaches and their implications. It is a complex landscape of legal responses to international Terrorism. The efficacy of global conventions in addressing this very important issue is questionable. Each country has criteria for ascertaining what constitutes Terrorism and political offenses that can affect extradition. There is very little difference in the character of Terrorism and political offenses. Given the increasing global anxiety surrounding Terrorism and political offenses, this provides a significant perspective on the ongoing discourse on extradition in international law. This study uses a comprehensive qualitative methodology. It carefully examines legal texts, case law, and scholarly literature alongside a comparative analysis of extradition treaties and state practice. It used theories of democracy and Terrorism itself (which, in a global sense, must be fought) to distinguish and strike a balance between Terrorism and political offenses. Ultimately, this study has identified effective solutions to combat international Terrorism while addressing the differences between conventions. It also found a growing relationship between democratization and the global fight against Terrorism, with arguments for not categorizing acts of Terrorism as political offenses, especially in democracies. In addition, this study enhanced the understanding of the legal framework for countering international Terrorism and provided insight into the challenges and opportunities presented by various conventions. These findings have significant implications for refining extradition law, encouraging a balance that respects human rights, guarantees justice, prevents the abuse of the extradition process for political purposes, and contributes to the evolution of a fair and just international legal framework.
References
Bassiouni, M. Cherif. "Universal jurisdiction for international crimes: historical perspectives and contemporary practice." In Post-Conflict Justice, pp. 945-1001. Brill Nijhoff, 2002.
Bassiouni, M. Cherif. "Universal jurisdiction for international crimes: historical perspectives and contemporary practice." Va. J. Int'l L. 42 (2001): 81.
Bellal, Annyssa. "What Are 'Armed Non-State Actors'? A Legal and Semantic Approach." International Humanitarian Law and Non-State Actors: Debates, Law and Practice (2020): 21-46.
Bernhard Blumenau (2015) Taming the Beast: West Germany, the Political Offence Exception, and the Council of Europe Convention on the Suppression of Terrorism, Terrorism and Political Violence, 27:2, 310-330, DOI: 10.1080/09546553.2013.806912
Brigit, Toebes. "The Nature of the Obligations under the International Covenant on Economic, Social and Cultural Rights." Netherlands International Law Review 51, no. 1 (2004): 116-120.
CHENG, V., and OF PENTONVILLE PRISON GOVERNOR. "The individual in international law—Extradition—Political crime—Attempted murder of politician of third state visiting requesting state—The law of England." (1973).
Cryer, Robert, Antonio Cassese, and Florian Jessberger. "International criminal law: critical concepts in law." (2015).
Efrat, Asif, and Abraham L. Newman. "Defending core values: Human rights and the extradition of fugitives." Journal of Peace Research 57, no. 4 (2020): 581-596.
Evans, Alona E. "Acquisition of Custody over the International Fugitive Offender-Alternatives to Extradition: A Survey of United States Practice." Brit. YB înt'l L. 40 (1964): 77.
Garcia-Mora, Manuel R. "Treason, Sedition and Espionage as Political Offenses Under the Law of Extradition." U. Pitt. L. Rev. 26 (1964): 65.
Garcia-Mora, Manuel R. "Treason, Sedition and Espionage as Political Offenses Under the Law of Extradition." U. Pitt. L. Rev. 26 (1964): 65.
George, Mary. "Current International Legal Issues: Malaysia." In Asian Yearbook of International Law, Volume 23 (2017), pp. 25-40. Brill Nijhoff, 2019. https://doi.org/10.1163/9789004415829_004
Gilbert, Geoff. Aspects of extradition law. Vol. 17. Brill, 2022.
Kinneally III, James J. "The Political Offense Exception: Is the United States-United Kingdom Supplementary Extraditon Treaty the Beginning of the End?." American University International Law Review 2, no. 1 (1987): 4.
LJ, AC Petersen - Ind., and undefined 1991. n.d. "Extradition and the Political Offense Exception in the Suppression of Terrorism."
Mahdizadeh Kasrineh, Hossein. "Immunity of Heads of State and its Effects on the Context of International Criminal Law." PhD diss., Staats-und Universitätsbibliothek Hamburg Carl von Ossietzky, 2012.
Mahdizadeh Kasrineh, Hossein. "Immunity of Heads of State and its Effects on the Context of International Criminal Law." PhD diss., Staats-und Universitätsbibliothek Hamburg Carl von Ossietzky, 2012.
Malkopoulou, Anthoula. "Ostracism and democratic self-defense in Athens." Constellations 24, no. 4 (2017): 623-636.
Matusitz, Jonathan. Terrorism and communication. Sage, 2013.
Matusitz, Jonathan. Terrorism and communication. Sage, 2013.
Mbewe, Mary. "A history of Kafue town: origin, transformation and constraints, 1905-2005." PhD diss., The University of Zambia, 2023.
Melzer, Nils. The Trial of Julian Assange: A Story of Persecution. Verso Books, 2022.
Petersen, Antje C. (1992) "Extradition and the Political Offense Exception in the Suppression of Terrorism," Indiana Law Journal: Vol. 67:Iss. 3, Article 6. Available at: http://www.repository.law.indiana.edu/ilj/vol67/iss3/6
Phillips, R. Stuart. "The political offense exception and terrorism: its place in the current extradition scheme and proposals for its future." Dick. J. Int'l L. 15 (1996): 337.
Ryan Shaffer (2022) U.S. Homegrown Political Violence and Terrorism, Terrorism and Political Violence, 34:1, 176-180, DOI: 10.1080/09546553.2021.2017176
Schachter, Oscar. "International law in theory and practice." In International Law in Theory and Practice. Brill Nijhoff, 1991.
Shearer, Ivan Anthony. Extradition in international law. Manchester University Press, 1971.
Shearer, Ivan Anthony. Extradition in international law. Manchester University Press, 1971.
Van den Wyngaert, Christine. "Applying the European Convention on Human Rights to Extradition: Opening Pandora's Box?." International & Comparative Law Quarterly 39, no. 4 (1990): 757-779.
Vassalotti, Julia. "Rough seas: The Greek-Turkish Aegean Sea dispute and ideas for resolution." Loy. LA Int'l & Comp. L. Rev. 33 (2010): 387.
Vitiello, Daniela. "Il divieto di refoulement nel diritto internazionale." (2014).
Wissing, Ruben. "Allocating responsibility for refugee protection to states: actual and potential criteria in international (case) law." In Migration issues before international courts and tribunals, pp. 45-90. CNR Edizione, 2019
Zanotti, Isidoro. Extradition in multilateral treaties and conventions. Martinus Nijhoff Publishers, 2006.
