Extradition Law: Fundamentals And Processes – Part I

Under International law, extraditionⁱ is a formal, diplomatic process by which one state requests another to effect the return of custody of a fugitive criminalⁱⁱ for crimes punishable by the laws of the requesting State and committed outside the jurisdiction of the country where such person has taken refuge. International extraditionⁱⁱⁱ is an obligation undertaken by States in good faith to promote and execute justice^iv.

The first formal act providing for extradition was adopted in 1833 by Belgium, which also passed the first law on the right to asylum. Extradition Acts not only specify extraditable crimes, but also detail procedures and safeguards whilst defining the relationship between the Act and the treaty.