Extradition sounds straightforward: one country asks, another hands over. But here’s the thing — it only moves when a few legal gears mesh perfectly, especially dual criminality. Miss that, and the request can (and often does) fail.
Why this matters now
Cross-border cases are rising, and authorities coordinate faster than ever. Yet the law still places hard guardrails around who can be sent where — to prevent injustice, politics, or human-rights violations from driving the process. That’s not theory; it’s built into how courts evaluate extradition requests worldwide.
What I see in practice
I’ve seen strong cases stall because the alleged conduct wasn’t a crime in both countries, or because the requesting state couldn’t give the right assurances. On the flip side, when the paperwork is tight and the safeguards are respected, judges move quickly.
The Core Conditions You Need to Meet
Here’s the checklist I use to pressure-test any extradition file:
- Dual criminality (non-negotiable).
The conduct must be a crime in both the requesting and the requested state, typically punishable by at least one year. Courts look at the essence of the behavior, not identical statute wording. - Non bis in idem (no double trial/punishment).
If the person has already been tried, served a sentence, or received a pardon/amnesty for the same offense, extradition is out. - Political-offense exclusion (with modern limits).
Classic political acts can block extradition; however, serious crimes like terrorism, drug trafficking, war crimes, and organized crime don’t get this shield. - Human-rights safeguards (absolute red lines).
If there’s a real risk of death penalty, torture, or inhuman treatment — and no adequate assurances — the request fails. - Procedural sufficiency (don’t overlook the basics).
Expect courts to check for an arrest warrant, prima facie evidence (where required), and compliance with local legal standards.
Bottom line: when these conditions line up, extradition moves. When they don’t, it stops — by design.
Crimes Commonly Excluded from Extradition
Not everything qualifies — and that’s intentional. Here’s what often won’t pass:
- Political offenses (but not violent acts like bombings or hostage-taking).
- Nationality bars where a country won’t extradite its own citizens.
- Purely military offenses tried in military jurisdictions.
- Human-rights risks (unfair trial, torture, death penalty without assurances).
- Certain fiscal/tax offenses if the treaty allows refusal.
- Double jeopardy (already tried/punished).
- Lack of dual criminality (conduct not a crime in the requested state).
Honestly, the political-offense exception has narrowed as the world treats terrorism and genocide as non-political, extraditable crimes. But the protective logic remains: stop unjust or politically driven cases at the door.
If you’re facing an extradition issue, here’s how to get strategic
- Map the conduct to both legal codes to stress-test dual criminality early.
- Document prior proceedings (acquittal, conviction, pardon) to raise non bis in idem if available.
- Assess political and human-rights angles and prepare evidence/assurances accordingly.
- Check treaty language and local procedure — missing warrants or weak evidence can sink a strong case.
Final thought
Extradition isn’t about who shouts loudest — it’s about meeting exact legal conditions while respecting human rights. Get those right, and you control the narrative. Get them wrong, and the case grinds to a halt.
Disclaimer: This article is for general information only and does not constitute legal advice. The author assumes no responsibility or liability for actions taken based on its contents. For advice on your specific situation, consult a qualified lawyer.
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