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Reforming International Extradition

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This book uses several case studies to demonstrate current problems with international extradition. These include political issues, time delays, jurisdictional problems, and conflict between surren...
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  • 03 September 2024
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This book uses several case studies to demonstrate current problems with international extradition. These include political issues, time delays, jurisdictional problems, and conflict between surrender and the human rights of extraditees. The normative assumptions underpinning extradition ensure these procedures are more likely to prioritise international comity between nation states, rather than individual human rights protections. This creates a system with limited judicial relief for extraditees that require extensive proof of high human rights thresholds, as well as a prominent rule of non-inquiry, restrictive evidence regulations, and deference to the executive. The book argues that a defendant-centred approach to extradition reform is needed that prioritises a right to fairness as a core value for promoting global justice. This includes considering changes to enable greater post-extradition monitoring of extradited people and broadening rules for extraditees to submit evidence to support a claim against surrender. New and more viable extradition alternatives also involve transferring evidence to shift the trial to the location where most of the offending activity occurred and sentencing in the extraditee’s home jurisdiction. These proposals aim to counter the current unequal levels of authority that favour the power of both the requesting and requested state over the rights of the individual. 

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Price: £19.99
Publisher: Anthem Press
Imprint: Anthem Press
Series: Anthem Studies in Law Reform
Publication Date: 03 September 2024
ISBN: 9781839989582
Format: eBook
BISACs:

LAW / Courts, Legal aspects of criminology, POLITICAL SCIENCE / Human Rights, SOCIAL SCIENCE / Criminology, Human rights, civil rights, Legal systems: courts and procedures

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“Sally Kennedy and Ian Warren provide a brilliant in-depth critical analysis of the current global state of international extradition, challenging the normative assumptions of extradition law, and offering a radical calling for a defendant-centred approach that reprioritises human rights and due process protections for extraditees. This is a gem of a resource for policy reformation that can transform current extradition processes to achieve fairness and justice.” —Dawn L. Rothe, Professor, School of Criminology and Criminal Justice, Florida Atlantic University, USA.

Introduction; Chapter One: Extradition and individual rights; Chapter Two: Extradition in practice: The welfare of extraditees; Chapter Three: Extradition in practice: The conduct of nations; Chapter Four: Key reforms; Chapter Five: Conclusion; References; Index