POLITICAL OFFENSE EXCEPTION IN EXTRADITION LAW AND PRACTICE (FROM INTERNATIONAL TERRORISM AND POLITICAL CRIMES, 1975, BY M C BASSIOUNI - SEE NCJ-27895)

• NCJ Number: 27907
• Author(s): M C BASSIOUNI
• Date Published: 1975
• Length: 50 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE POLITICAL OFFENSE EXCEPTION TO EXTRADITION LAW IS NOW A STANDARD CLAUSE IN ALMOST ALL EXTRADITION TREATIES OF THE WORLD AND IS ALSO SPECIFIED IN THE MUNICIPAL LAWS OF MANY STATES.

Abstract

EVEN THOUGH WIDELY RECOGNIZED, THE VERY TERM 'POLITICAL OFFENSE' IS SELDOM, IF EVER, DEFINED IN TREATIES OR MUNICIPAL LEGISLATION AND JUDICIAL INTERPRETATIONS HAVE BEEN THE PRINCIPLE SOURCE FOR ITS SIGNIFICANCE AND APPLICATION. THE AUTHOR TRACES THE HISTORICAL DEVELOPMENT OF THE POLITICAL OFFENSE EXCEPTION, AND OUTLINES TWO CLASSES OF POLITICAL OFFENSES - THE PURELY IDEOLOGICAL OFFENSE, AND THE RELATIVE POLITICAL OFFENSE IN WHICH A POLITICAL OFFENSE AND COMMON OFFENSE ARE COMMITTED IN CONJUNCTION WITH EACH OTHER. THE METHODS OF DETERMINING THE POLITICAL EXTENT OF A RELATIVE POLITICAL OFFENSE ARE OUTLINED, AND INCLUDE THE POLITICAL-INCIDENCE THEORY, THE INJURED RIGHTS THEORY, AND THE POLITICAL-MOTIVATION THEORY. ALSO DISCUSSED IN THIS ARTICLE ARE THE CERTAIN INTERNATIONAL CRIMES WHICH SHOULD BE EXCLUDED FROM THE POLITICAL OFFENSE EXCEPTION, THE POSSIBLE ABUSES OF THE POLITICAL OFFENSE EXCEPTION, AND MEASURES SUCH AS THE CREATION OF AN INTERNATIONAL CRIMINAL COURT WHICH WOULD HAVE JURISDICTION OVER ALL SUCH MATTERS. (AUTHOR ABSTRACT MODIFIED)