NCJ Number
131787
Date Published
1991
Length
159 pages
Annotation
The International Court of Justice (ICJ) may be an appropriate forum for dealing with deficiencies in the current international extradition system.
Abstract
Some of the existing problems in international extradition include the fact that there is no duty to extradite fugitives in the absence of an extradition treaty. Another problem is that a country may decide not to honor a request for international extradition on the grounds that the fugitive would not receive a fair trial in the requesting country or would be subject to violations of rights protected under national and international law. An analysis of international extradition proceedings in U.S. district courts from 1932 to 1990 indicates that courts are not adequately equipped to make decisions on requests for international extradition and that legal guidelines in extradition agreements tend to be vague. Inherent uncertainty and delay in international extradition practices often lead countries to resort to extralegal or illegal alternatives. The author proposes that the ICJ be granted jurisdiction over both international crimes and State transnational crimes (crimes that are committed against states but assume international importance due to the fugitive's flight from the offended State). Further, the decision as to whether international extradition of a fugitive is warranted should be made by the ICJ instead of by courts within nation-states. Procedural aspects of ICJ jurisdiction over international extradition are discussed. Appendixes contain additional information on variables involved in U.S. extradition cases. 134 references