Dubai International Academy Model United Nations 2017| 9 Annual Session
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Forum:
General Assembly 1
Issue:
Formation of a Global Extradition Treaty
Student Officer: Nikhil D’Mello Position:
Deputy Chair
Introduction What happens when an individual charged or convicted of a crime in one nation flees to another
nation in an attempt to evade prosecution or incarceration? Should these criminals be purged of their
offenses because they fled from the jurisdiction where the criminal acts have taken place?
Extradition is the procedure for one nation’s government to formally hand over an individual
wanted by the authorities in another jurisdiction for prosecution or incarceration in the case of a
preexisting conviction. Usually, extradition takes place between two states or nations. Extradition
between countries, extradition is regulated by treaties. However, if there is no extradition treaty between
specific nations in place suspects cannot be extradited between those nations; criminals benefit from the
deficiency of extradition treaties between certain countries, and therefore plan their escape accordingly. By no means should criminals have the physical capability to elude prosecution by exploiting
deficient extradition laws. As specific countries have political and cultural views or laws that forbid
extradition, the risk of criminals evading prosecution is especially high, often in areas of political unrest.
Without a global extradition treaty, fugitives may flee to specific nations which are not involved
with any consensual agreements. For example, former Central Intelligence Agency (CIA) employee
Edward Snowden leaked confidential material which verifies the existence of mass surveillance
programs from the National Security Agency (NSA) without prior authorization in 2013. Leaking the
classified information to American citizens from Hong Kong, Snowden planned his escape to Russia to
ensure his security against any extradition efforts by the US. Seeing as there is no extradition treaty
between the United States and Russia, Snowden’s efficacious efforts allowed him to successfully evade
prosecution as he cannot be extradited back to the United States.
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To eliminate this problem, the formation of a global extradition treaty is crucial for the benefit of
every member state of the United Nations. Delegations must collaborate together to create a universal
document which is advantageous and fair to all countries. Definition of Key Terms
Global extradition
The process whereby a nation deports a suspect or person convicted of a crime to the jurisdiction
of another nation. To do so, the nation in which the criminal act has taken place, is required to issue a
formal request to the foreign nation to complete the procedure. Essentially, an extradition treaty is
required to be implemented between two nations.
Jurisdiction
The power of a legal body to exercise its authority over a suspect, subject matter, or area.
Regarding suspects, jurisdiction refers to the authority to place the defendant on trial. Jurisdiction over a
subject matter refers to the authority derived from the nation’s constitutional laws to consider a specific
case. Lastly, jurisdiction over an area refers to the territory over which a court has the power to resolve
cases. Concurrent jurisdiction
When two or more courts from different political bodies have simultaneous jurisdiction over the
same subject matter. This typically results in forum shopping.
Forum shopping
In the event of concurrent jurisdiction, the accuser may choose the court that will hear their legal
claims to provide a favorable decision. i.e. The prosecution will want a court which will convict; the
defense will want a lenient court.
Double criminality
Double criminality demands that a suspect can be extradited from one nation to the jurisdiction of
the nation only if similar law exists in the extraditing nation, thus making the suspect criminal in both
nations. It is often a requirement in the extradition law of most nations.
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Bilateral agreement
An agreement or contract that involves two distinguished parties who are bound by their
exchange of vows or promises. In this case, a treaty between two countries is a bilateral agreement.
Fugitive
A person who has escaped from an area or country in attempt to evade prosecution, arrest, or
incarceration. Prosecution
When the jurisdiction charges the case against a person suspected of a crime and puts him or
her on trial.
Framework decision
A statutory act exercised within the European Union’s capability when dealing with matters
relating to Police and Judicial Co-operation in Criminal Matters (PJCC).
European Arrest Warrant (EAW)
An arrest warrant which applies to all member states of the European Union (EU). Similar to a
bilateral extradition treaty, it requires a member state to capture and deliver a suspect to the issuing
state that has requested for the suspect: this is done to successfully prosecute the criminal by
incentivized requests to the suspect in order to successfully prosecute the criminal.
Jay’s Treaty
The first U.S. extradition treaty: a bilateral agreement between the United States and Great
Britain established in 19th November, 1794.
Constitution of the United States of America
The supreme law of the United States of America. Article IV, Section 2, Clause 2, refers to
extradition within the United States, “A Person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive
Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction
of the Crime.” [3]
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Key Issues
Distinct national legal systems
Different types of legal systems follow different procedures for the prosecution of criminals. For
example, the Common Law and the Civil Law are contrasting schemes that are followed by different
countries of the world. It is important to take into consideration that these legal systems tend to follow
distinct laws so countries would have problems regarding other countries’ jurisdictional systems.
Consequently, there would be difficulties regarding the facilitation of extradition within countries that
follow different legal systems. Common Law system
Regarding the Common Law system, generally, the location of where the crime is committed is
taken into account except if the criminal act is against a global law or double criminality.
Countries that follow this legal system will only prosecute suspects who commit the crime within
their individual borders. There are major nations that have adopted this legal system: i.e. UK
(excluding Scotland), the United States, and Australia. Civil Law system
On the other hand, generally in the Civil Law legal system, the citizenship of the suspect is crucial
as it is taken into account instead of the area of where the crime took place. It is notable to point
out that all EU member states (excluding UK and Ireland), and all of South America (excluding
Guyana and Belize) are regions that have adopted this legal system.To demonstrate this issue, a
real-world example is provided. The United States of America is a country which follows the
Common Law system, whereas Spain is a country which follows the Civil Law system, both legal
systems being different in their entirety. If an American were to commit a crime in his homeland
and then escape to Spain, the Spanish jurisdiction would not want to prosecute the American for
committing a crime in America due to the Civil Law rules in Spain. Nevertheless, the Spanish
would prefer that the Americans not prosecute a Spanish citizen who commits a crime in
America, but to instead extradite them back to Spain for prosecution to follow with the Civil Law
code. Being a country that follows the Common Law code, America would not comply with those
rules. Thus, the American cannot be extradited from Spain to America due to the Civil Law code.
This illustration demonstrates how two countries with distinct national legal systems can create
issues regarding extradition.
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Cultural and political views of specific countries
Certain countries may prohibit certain extradition circumstances due to their cultural and religious
views, which could lead them to the belief that they are involved in an act of injustice or unfairness.
Extradition treaties regularly provide certain allowances under which a nation can formally decline to
surrender a criminal demanded by another country. Several countries refuse to deport suspects charged
with specific political offenses: espionage, sedition, and treason to name a few. Furthermore, extradition
treaties usually allows the country, where the fugitive is currently located, to decline an extradition
request; however, this is only allowed if the criminal would face the death penalty for his or her offenses
whereas the criminal act is not punishable by death in the requested country.
Moreover, if it is against the nation’s constitution, that nation cannot extradite a criminal to
another nation. To extradite a fugitive to a foreign country, there must be a valid treaty signed bilaterally
between two nations which agrees with the nations’ constitutions. Escape of fugitives in attempt to evade prosecution
By exploiting extradition laws, fugitives can design an escape plan to flee to a country which is
not bound to an extradition treaty. As a result of their attempts, they would go unpunished. Because the
criminal is not put on trial, they could their criminal activities in the country that they are currently situated
in. The risk is especially high for innocent civilians as they could be harmed by such criminals.
Major Parties Involved and Their Views
United States of America
With over a hundred formal extradition treaties with individual nations, the United States is the
largest party involved in extradition where the majority of these treaties are mainly dual criminality
agreements.
The official concept of extradition within the country was established by the extradition clause of
the Constitution of the United States of America, found in Article IV, Section 2. This article precisely
states that if a person commits a crime in an American State and then flees to another state to evade
prosecution, then the latter state must return the suspect to the demanding state where the crime was
committed.
Although the United States maintains strong international relations with many countries, these
nations currently do not share an extradition treaty with the U.S.: Afghanistan, Algeria, Andorra, Angola,
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Armenia, Bahrain, Bangladesh, Belarus, Bhutan, Bosnia and Herzegovina, Brunei, Burkina Faso,
Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China, Comoros,
Democratic Republic. of Congo, Cote d’Ivoire, Cuba, Djibouti, Equatorial Guinea, Eritrea, Ethiopia,
Gabon, Guinea, Guinea-Bissau, Indonesia, Iran, Kazakhstan, Kuwait, Laos, Lebanon, Libya, Macedonia,
Madagascar, Maldives, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Montenegro,
Morocco, Mozambique, Burma (Myanmar), Namibia, Nepal, Niger, North Korea, Oman, Qatar, Russia,
Rwanda, Samoa, São Tomé & Príncipe, Saudi Arabia, Senegal, Serbia, Somalia, Sudan, Syria, Taiwan,
Togo, Tunisia, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, and Yemen.
Regardless of the bilateral agreements with the United States, these countries have refused
extradition requests formally submitted by the U.S.: Bolivia, Ecuador, Iceland, Nicaragua, Switzerland,
Venezuela, and Zimbabwe.
With a copious number of formal extradition treaties, the United States of America is a strong
supporter of the construction of a global extradition treaty.
United Kingdom
The United Kingdom has one of the oldest extradition treaties, Jay’s Treaty, and advocates for
the creation of a global extradition treaty. Article XXVII of Jay’s Treaty states, “It is further agreed, that
his Majesty and the United States, on mutual requisitions, by them respectively, or by their respective
ministers or officers authorized to make the same, will deliver up to justice all persons, who, being
charged with murder or forgery, committed within the jurisdiction of the other, provided that this shall only
be done on such evidence of criminality, as, according to the laws of the place, where the fugitive or
person so charged shall be found, would justify his apprehension and commitment for trial, if the offence
had there been committed. The expense of such apprehension and delivery shall be borne and
defrayed, by those who make the requisition and receive the fugitive.” [11]
Under the Parliament of the United Kingdom, Extradition Act 2003 came into force on the 1st of
January2004. The framework decision of the European Arrest Warrant (EAW) was adapted to
appropriately fit the British law system. Therefore, the United Kingdom supports the formation of the
global extradition treaty. European Union (EU)
Having adopted the European Arrest Warrant (EAW), each member state of the EU exercises an
efficient extradition procedure that not only limits political interference, but also ensures that other EU
member states cannot refuse to surrender a suspect to another member state. Research Report | Page 6 of 11
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The EU member states agree with the construction of a global extradition treaty as long as it
takes into account the national legal systems adopted by each member state.
Development of Issue/Timeline Date Event Outcome 19th November, 1794
The first United States
Both countries vowed to settle
extradition treaty, Jay Treaty, is
any unresolved issues which
signed with the United Kingdom. were apparent since the advent
of American independence.
1st January, 2004
The European Arrest Warrant
Since its initiation, numerous
(EAW) is officially fully
criminals have been
operational and now applies to
successfully prosecuted: A
each member state of the
London bomber caught in Italy,
European Union (EU).
a German murdered caught in
Spain, a suspected drug trader
from Malta extradited from the
UK, and a group of robbers
found by Italy whose members
were later prosecuted in six
different EU member states.
29th December, 2009
American student Amanda Knox
If requested by the Italian
is convicted of murder in Italy.
jurisdiction to hand Knox over,
She then flees to the United
she may have to face
States as her conviction was
prosecution again.
overturned. 5th October, 2012
Muslim preacher Abu Hamza al-
In 2014 Abu Hamza was found
Masri is extradited from the
guilty and received a life
United Kingdom to New York to
sentence in prison by the
face prosecution for terrorism.
jurisdiction of New York for
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20th May, 2013
advocating radicalism. Edward Snowden travels to
Several investigations have
Hong Kong to leak classified
been carried out regarding US
material from the US National
surveillance and violations of
Security Agency (NSA).
human rights concerning privacy
and freedom of information. The
U.S. attempts to extradite
Snowden have failed as he is
based in Russia, which is a
country that does not have an
extradition treaty with the United
States.
5th May, 2016
Notorious drug lord Joaquín “El
Guzmán is currently locked up
Chapo” Guzmán is extradited to
in a maximum-security prison in
the United States after escaping
Texas.
maximum security prisons,
twice.
Previous Attempts to Solve the Issue
As there is a plethora of factors to consider on a global scale, there have not been any
noteworthy attempts to form a global extradition treaty. Possible Solutions
To solve the issue at hand, the problem must be approached with an open-minded and reflective
mentality to consider the varied racial and religious views that member states adhere to which may
prevent those countries from extraditing a fugitive. A formal process and procedure for requesting extradition of a fugitive needs to be created. The
requesting nation should create a formal written appeal that proceeds through a defined political network
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within the jurisdiction of the requested nation. Additionally, the request should contain thorough evidence
alongside warrants and any other relevant information pertaining to the fugitive, their crimes, and trail
outcomes if already convicted.
Regarding the distinct legal systems adopted by different countries, delegations must cooperate
to form a treaty which corresponds with all national legal systems. Following the effective European
Arrest Warrant as a model system, it is a viable solution which can contribute to the success of the
construction of the global extradition treaty.
To impose the jurisdictive policies, the universal extradition agreement must be signed by all
member states. Furthermore, all nations must comply with the process of the formation of the global
extradition treaty in order for it to be a success. Bibliography
Works Cited
1. "Bilateral Agreement." TheFreeDictionary.com. N.p., n.d. Web. 20 Aug. 2016. <http://legaldictionary.thefreedictionary.com/Bilateral+Agreement>.
2. "The Common Law and Civil Law Traditions." The Common Law and Civil Law Traditions. The
Robbins Collection, n.d. Web. 20 Aug. 2016.
<https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html>.
3. The Constitution of the United States. Washington, D.C.: Commission on the Bicentennial of the U.S.
Constitution, 1986. Web. 20 Aug. 2016. <http://www.usconstitution.net/const.pdf>.
4. "Countries with No U.S. Extradition Treaty." International Man. N.p., 11 May 2016. Web. 19 Aug.
2016. <http://www.internationalman.com/articles/which-countries-can-the-nsa-whistleblower-escapeto>.
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5. "Dual Criminality." Dual Criminality Definition. Duhaime, n.d. Web. 15 Aug. 2016.
<http://www.duhaime.org/LegalDictionary/D/DualCriminality.aspx>.
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<https://www.edwardsnowden.com/>.
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<http://ec.europa.eu/justice/criminal/recognition-decision/european-arrest-warrant/index_en.htm>.
8. "Extradition Act 2003." International Law Reports (n.d.): 550-57. Web. 20 Aug. 2016.
<http://www.legislation.gov.uk/ukpga/2003/41/pdfs/ukpga_20030041_en.pdf>.
9. "Extradition." TheFreeDictionary.com. N.p., n.d. Web. 17 Aug. 2016. <http://legaldictionary.thefreedictionary.com/extradition>.
10. "Forum Shopping." LII / Legal Information Institute. N.p., n.d. Web. 17 Aug. 2016.
<https://www.law.cornell.edu/wex/forum_shopping>.
11. The Jay Treaty - November 19, 1794 INAD Publication #QS-1355-000-EE-A2 (n.d.): n. pag. SixNations.
Web. 20 Aug. 2016. <http://www.sixnations.ca/LandsResources/JayTreaty.pdf>.
12. "John Jay's Treaty, 1794–95." Milestones: 1784–1800. N.p., n.d. Web. 17 Aug. 2016.
<https://history.state.gov/milestones/1784-1800/jay-treaty>.
13. "Mexican Drug Lord 'El Chapo' Moved to Jail near US Border." BBC News. N.p., n.d. Web. 20 Aug.
2016. <http://www.bbc.com/news/world-latin-america-36239121>.
14. "Prosecution." TheFreeDictionary.com. N.p., n.d. Web. 20 Aug. 2016. <http://legaldictionary.thefreedictionary.com/prosecution>.
15. "Radical Cleric Abu Hamza Jailed for Life by US Court." BBC News. N.p., n.d. Web. 20 Aug. 2016.
<http://www.bbc.com/news/world-us-canada-30754959>.
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16. "What Is Extradition? - Definition, Laws & Example." Study.com. N.p., n.d. Web. 18 Aug. 2016.
<http://study.com/academy/lesson/what-is-extradition-definition-laws-example.html>.
17. "What Is Extradition?" Dictionary.com. N.p., n.d. Web. 17 Aug. 2016.
<http://www.dictionary.com/browse/extradition>.
18. "What Is Jurisdiction?" BusinessDictionary.com. N.p., n.d. Web. 17 Aug. 2016.
<http://www.businessdictionary.com/definition/jurisdiction.html>.
Appendix or Appendices
i.
The European Arrest Warrant (EAW)
http://ec.europa.eu/justice/criminal/recognition-decision/european-arrest-warrant/index_en.htm
ii.
The Jay Treaty
http://www.sixnations.ca/LandsResources/JayTreaty.pdf
iii.
Extradition Act 2003
http://www.legislation.gov.uk/ukpga/2003/41/pdfs/ukpga_20030041_en.pdf
iv.
The Constitution of the United States
http://www.usconstitution.net/const.pdf
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