Public International Law (UPES)

LARGE GROUP 10
Student Guide

Relationship between State and Individual under International Law: Extradition

(2)

Introduction

Outcomes

By the end of this Large Group you should be able to understand:

1. What is meant by the term extradition;

2. The types of offenders and process of extradition;
3. The relationship between extradition and human rights.

1 What is extradition?
Introductory video: https://www.youtube.com/watch?v=35F_Y8v38R8

What do we mean by ‘extradition’?

“[E]xtradition is the surrender by one nation to another of an individual accused or

convicted of an offence outside of its own territory and within the territorial jurisdiction
of the other which, being competent to try and punish [them] demands [their]
surrender”1.

1
Terlinden v Ames, 184 U.S. 270 (1902)

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2 Types of offenders and the process of extradition
Bilateral and multilateral treaties

Domestic Law

The Model Treaty on Extradition 2004

Article 2(1)

Article 3

Article 4

Articles 5 to 17 – the process of extradition

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Other international and regional legal instruments

The principle of ‘aut dedere aut judicare’

The European Convention on Extradition 1957

3 Extradition and Human Rights

Why are human rights considerations a significant factor in extradition?

Article 3 of the Model Treaty on Extradition

The International Covenant on Civil and Political Rights, specifically Article 14

Article 4 of the Model Treaty on Extradition

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4 Example of extradition

Julian Assange case

Video: https://www.youtube.com/watch?v=lYhPcZJ-ns4

5 Conclusion

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