Retroactive Effect of Treaty
While the majority of extradition treaties remain silent as to whether they apply to offenses committed prior to their entry into force, United States courts have held that this silence must be construed as having retroactive effect. This is not a violation of the Ex Post Facto clause of the United States Constitution because the treaties do not criminalize acts that were not criminal prior to the execution of the treaty, but merely provide a means by which individuals who committed acts that were offenses at the time of their commission may be held to answer for those offenses.
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