Extradition Treaty Law and Procedure – Part 39

Requests Made By More Than One Country for Extradition of Same Person

Most United States extradition treaties include provisions dealing with requests made by more than one country for extradition of the same person. From the late 19th century until around 1950, treaties negotiated during this time gave priority to the first country making a request for extradition. Four variations of the first-in-time request exist and are: 1) the first request received is given priority; 2) the country that receives priority may waive its priority; 3) the first request received is given priority assuming the applicable treaty has no provision-requiring waiver; and 4) either country may withdraw its request.

Post 1960’s extradition treaties vary somewhat by containing provisions giving the requested country discretion as to which request will be given priority by considering several factors. These factors are: 1) the place of commission of the offense or offenses; 2) the relative gravity of the offenses if they are different; 3) the nationality of the requested person; 4) the possibility of re-extradition between the requesting countries; 5) the order of receipt of the requests; and 6) the provisions of the applicable treaty. In addition to these treaties, a large number of post 1960’s treaties grant complete discretion of priority to the requested country. As an exercise of discretionary power, the Secretary of State maintains authority as to which request should be given preference.

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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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