Application of the principles of extradition in the case of terrorism: an analysis

Abstract

Operational extradition procedures are an essential tool of international law enforcement in the fight against terrorism, both in relation to local criminal acts and, increasingly, on international territories. In recent years, a number of terrorists attacks have been recorded whilst some terrorists have been apprehended world wide and have been the subject of extradition requests different requesting States. This research examines the progression of laws relating to the extradition of terrorists across the globe. It puts into consideration whether or not terrorist acts can be regarded as political offenses in terms of the law and the actors not eligible for extradition. International jurisprudence considers the objective of augmenting international responses to the crime of terrorism. The recognition and application of long standing legal principles such as the ‘political offence’ exception has been diluted over time and the efficacy of other principles, such as the principle of specialty, has been compromised in practice. It can be argued that it is imperative that the progression of international extradition laws have to be balanced against the need to ensure equal protection of the requested persons. However, the fair protection of the fundamental rights of the suspects must not take precedence over the ultimate goal of extraditing and prosecuting the offenders.