Extradition Treaty Law and Procedure – Part 38

Restrictions on Re-Extradition to Third Country

Occasionally, a country which successfully extradites an individual from the United States will find itself the subject of an extradition request by a third country of that same individual. In this rare situation, provisions of the extradition treaty, applicable between the United States and the initial requesting country, control whether re-extradition will be permitted. All post-1960’s United States Extradition treaties expressly prohibit re-extradition. However, where the applicable treaty is silent on re-extradition, it appears the decision to permit re-extradition is solely an Executive decision to be made by the Secretary of State.

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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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