Extradition Treaty Law and Procedure – Part 30

Definition of an Extraditable Offense

The method by which extradition treaties have attempted to define extraditable offenses has gone through many mutations. Originally, each treaty listed offenses for which extradition could be granted. Treaties negotiated in the 1960’s and 1970’s combined listings with dual criminality, resulting in treaties that required a listed crime to be one punishable within the United States and the requesting country. From the 1970’s through the early 1980’s, extraditable offenses included not only those listed but those offenses, whether listed or not, which were punishable offenses under the federal laws of the United States and the laws of its treaty partner. Finally, beginning in 1982, the United States adopted a policy of seeking to define extraditable offenses solely in terms of dual criminality. Because many older treaties remaining in effect have not been amended to reflect current trends, the definition of an extraditable offense may vary.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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