Question IX-B, Political Law, 2017 Bar Exam

Extradition is the process pursuant to a treaty between two State parties for the surrender by the requested State to the custody of the requesting State of a fugitive criminal residing in the former. However, extradition depends on the application of two principles - the principle of specialty and the dual criminality principle. Explain these principles. (4%)

Suggested Answer:

Under the rule of specialty in international law, a Requested State shall surrender to a Requesting State a person to be tried only for a criminal offense specified in their treaty of extradition.

Double criminality rule provides that the extraditable offense must be criminal under the laws of both the requesting and the requested states. This simply means that the requested state comes under no obligation to surrender the person if its laws do not regard the conduct covered by the request for extradition as criminal.

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