Extradition

Sadoff, David A.

doi:10.1017/9781316422922.005

Cited by 1 publication

(3 citation statements)

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“…Which core values does extradition threaten? As extradition subjects the requested person to criminal trial or punishment by a foreign legal system, we may broadly distinguish between three sets of concerns involving fundamental human rights (Dugard & Van den Wyngaert, 1998; Sadoff, 2016).…”

Section: Extradition and The Defense Of Core Valuesmentioning

confidence: 99%

“…Finally, we control for the existence of an extradition treaty between the country and the United States. 29 Countries often allow extradition in the absence of a treaty (Sadoff, 2016: chap. 7), yet a treaty facilitates extradition by establishing a legal obligation to extradite and by laying out the rules and requirements of the process (Shearer, 1971: 22).…”

Section: Analyzing Extradition To the United Statesmentioning

confidence: 99%

“…While extraordinary rendition was not a substitute for extradition, there are other channels that states may use – instead of extradition – to transfer criminal suspects across borders for prosecution: from deportation to unilateral lure-and-capture operations (Sadoff, 2016). We have focused on extradition as the primary channel for delivering suspects, but see important future work considering these alternatives.…”

Section: Analyzing Extradition To the United Statesmentioning

confidence: 99%

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Defending core values: Human rights and the extradition of fugitives

Efrat

Newman

2020

Journal of Peace Research

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Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime.

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Section: Extradition and The Defense Of Core Valuesmentioning

confidence: 99%

Section: Analyzing Extradition To the United Statesmentioning

confidence: 99%

Section: Analyzing Extradition To the United Statesmentioning

confidence: 99%

See 1 more Smart Citation