Extradition, as a key mechanism of international criminal law, plays a vital role in the fight against crime by allowing countries to request the handover of individuals accused of criminal offences for trial or to serve a sentence. In the USA, extradition is governed not only by domestic legislation but also by a plethora of international treaties and agreements, making the process complex and legally dense.
Extradition to the USA is based on a number of legal norms and international agreements. The foundational legal document governing the extradition process is the US International Extradition Act (Title 18 U.S. Code § 3184–3196). Within this act, the procedures, conditions, and requirements for extradition are stipulated. However, the extradition process itself is not unilateral—it requires the existence of corresponding international extradition treaties between the USA and other countries.
There are two types of extradition: active and passive. Active extradition is the process by which the USA requests the surrender of a person from a foreign country. Passive extradition, in turn, involves another country demanding the extradition of a person who is on US territory. The conditions and requirements set out in bilateral treaties are of significant importance.
The legislative framework for extradition in the US is based on the provisions of the International Extradition Treaty of 1987 and various bilateral agreements with individual countries. These treaties stipulate the obligations of the parties to extradite individuals accused of serious crimes, such as terrorism, drug trafficking, and money laundering. The primary condition for extradition is that the crime must be recognized as such in both countries (the principle of dual criminality).
The USA has extradition treaties with more than 100 countries worldwide. For instance, the European Convention on Extradition (1957) governs interactions with most European countries. Cooperation with other nations is based on bilateral agreements. For example, treaties with Canada, the UK, and Australia are among the most frequently utilised in extradition practices.
The extradition process varies depending on the requesting country. For instance, extradition from Canada is governed by the Mutual Legal Assistance Treaty (MLAT) between Canada and the USA, which facilitates close cooperation between judicial and law enforcement bodies. In the UK, extradition cases often fall under the Extradition Act 2003, which simplifies the process of surrendering criminals.
Some countries, such as Vietnam, Indonesia, and Venezuela, have more complex and lengthy procedures that may include additional judicial reviews and the involvement of government bodies.
An Interpol Red Notice plays a pivotal role in extradition cases. It's an international request for arrest issued by Interpol at the behest of one of its member countries, aimed at facilitating subsequent extradition. A Red Notice is not a legal order, but it significantly eases the process of detaining and extraditing individuals in countries that cooperate with Interpol. In the US, the use of Red Notices is actively employed to ensure international legal assistance and the extradition of criminals.
There are a number of countries that do not have extradition treaties with the USA. These include:
These nations are not obliged to hand over individuals on their soil at the request of American authorities, making the extradition process extremely challenging. Such countries often become safe havens for individuals wanted for serious crimes.
In certain instances, extradition can be refused. The primary grounds for refusal include:
An extradition lawyer plays a key role in defending the rights of individuals facing the threat of extradition. They can:
Having an experienced US extradition lawyer by your side can make a significant difference in the outcome of your case. Their expertise ensures that your rights are fully protected, and they can provide a robust defense throughout the legal proceedings.