9 Extradition and Other Means of Criminal Law Enforcement
Curtis A. Bradley
- Extradition and mutual assistance — Specific treaties — Freedom from torture and cruel, inhuman, or degrading treatment — State practice
This chapter considers the extradition of criminal suspects to and from the United States, as well as other issues relating to international criminal law enforcement. The chapter begins by describing early U.S. practice relating to extradition, and then describes the respective roles of the courts and the executive branch in modern extradition cases. The chapter further describes some of the common limitations in U.S. extradition treaties, such as the dual criminality requirement, the political offense exception, and the specialty doctrine. In addition, the chapter considers difficulties that have arisen in some cases involving extradition to the United States where the federal government or a state government is likely to seek the death penalty. Besides extradition treaties, the chapter also discusses Mutual Legal Assistance Treaties and prisoner exchange agreements. The chapter concludes by discussing the domestic legal implications of both international abduction of criminal suspects and “extraordinary rendition” of suspects in the war on terrorism.