Week 8 Extradition in International Law

The terms extradition is the creation of Latin language, it means the deport of a person to the sovereign of the state. The modern term extradition derives from the term extra-tradition because in primitive times it was against the hospitality to surrender the person who came for refuge in a state. Many authors defined the extradition in a diverse manner.

Mr. CherifBassioune defined extradition as,

“Extradition is considered as a system by which one state delivers an accused person to another state on her demand.”

The author is of the view that extradition is a system rather than dictum. He portrayed it as a stage of criminal justice system. It is a demand of one state to other by which an accused person can be returned to the demanding state.

“Extradition is a request of one state to another for the legal surrender of an accused person for the purpose of trial.”

American heritage dictionary appraises it as a request of surrender by one state to another of an accused person. The request is for the purpose of trial in the court of law.

“Extradition is the surrender of a person by one statute to another through convention or national law.”

Article 102 of Rome statute provides that extradition is a surrender of an accused person by one state to another by way of treaty between the states. And national legislation plays also an important role in extraditing an individual. So, the ratifying states must have their national legislations to deal with situation.

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