Exploring the politics and law of extradition in international relations

Abstract

The paper examines the place of extradition in international relations as a component of the international criminal justice system. It adopts the doctrinal approach by comparing and analyzing statutory provisions and treaties as they relate to the law and politics of extradition. The paper found that despite the existence of treaties, extradition practices in international relations are fraught with politics of national interest as against a sincere desire to facilitate the wheel of the international criminal justice system, which main objective is the ensuring of adequate and deserving punishment for offenders of any country of origin/residence, no matter which country they may have fled to. It was also found that most third world countries hardly get their extradition requests to advanced countries granted as a result of (i) their perceived weak criminal justice institutions which the advanced countries often believe cannot guarantee justice for fugitive offenders; and (ii) the superiority complex of the advanced countries. Consequently, the third world countries often resort to extra-ordinary rendition out of frustration which in itself constitute an act of international terrorism. The advanced western countries on the other hand have always been reluctant to surrender fugitive criminals for trial or punishment in third world countries.