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In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.[1]
In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process.[2] The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.[2]
Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition. It is an ancient mechanism, dating back to at least the 13th century BCE, when an Egyptian pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite king, Hattusili III.[2]
- ^ Sadoff, David A. (24 December 2016). Bringing International Fugitives to Justice: Extradition and its Alternatives. Cambridge University Press. p. 43. ISBN 978-1-107-12928-3.
- ^ a b c Stigall, Dan E. (3 February 2013). "Ungoverned Spaces, Transnational Crime, and the Prohibition on Extraterritorial Enforcement Jurisdiction in International Law". SSRN 2211219.