International Extradition: United States Law and Practice: United States Law and Practice (6th Edition)
Contents
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1. Reciprocity: The Underpinning of Substantive Requirements 1. Reciprocity: The Underpinning of Substantive Requirements
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2. Dual Criminality 2. Dual Criminality
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3. Extraditable Offenses 3. Extraditable Offenses
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3.1. The Meaning of Extraditable Offenses 3.1. The Meaning of Extraditable Offenses
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3.2. Extraditable Offenses and Their Relationship to Dual Criminality 3.2. Extraditable Offenses and Their Relationship to Dual Criminality
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3.3. Methods of Determining Extraditable Offenses 3.3. Methods of Determining Extraditable Offenses
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3.4. Rationale for Defining Extraditable Offenses 3.4. Rationale for Defining Extraditable Offenses
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3.5. Contemporary Approaches to Extraditable Offenses 3.5. Contemporary Approaches to Extraditable Offenses
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4. Jurisprudential Applications of Dual Criminality and Extraditable Offenses 4. Jurisprudential Applications of Dual Criminality and Extraditable Offenses
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5. Dual Criminality and Complex Crimes 5. Dual Criminality and Complex Crimes
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6. The Principle of Specialty (also referred to as the Rule of Specialty) 6. The Principle of Specialty (also referred to as the Rule of Specialty)
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6.1. Nature of the Principle 6.1. Nature of the Principle
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6.2. The Substantive Contents of the Principle of Specialty 6.2. The Substantive Contents of the Principle of Specialty
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6.3. Jurisprudential Applications 6.3. Jurisprudential Applications
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6.4. Variance in Prosecution and the Principle of Specialty 6.4. Variance in Prosecution and the Principle of Specialty
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6.5. Use of Evidence for Crimes for Which Extradition Was Not Granted and for Purposes of Sentencing Enhancement 6.5. Use of Evidence for Crimes for Which Extradition Was Not Granted and for Purposes of Sentencing Enhancement
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6.5.1. Sentences beyond Limitations Imposed by Extradition Orders 6.5.1. Sentences beyond Limitations Imposed by Extradition Orders
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6.6. Standing to Raise the Specialty Issue 6.6. Standing to Raise the Specialty Issue
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6.6.1. Waiver of Specialty by the Relator 6.6.1. Waiver of Specialty by the Relator
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6.6.2. Waiver of Specialty by the Surrendering State 6.6.2. Waiver of Specialty by the Surrendering State
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6.6.3. Guilty Pleas and Waiver of Specialty 6.6.3. Guilty Pleas and Waiver of Specialty
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6.6.4. Circuits Allowing the Individual to Object without the Need for the Requested State’s Protest 6.6.4. Circuits Allowing the Individual to Object without the Need for the Requested State’s Protest
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6.6.5. Circuits That Require Some State Action from the Requested State before Conferring Standing to the Relator 6.6.5. Circuits That Require Some State Action from the Requested State before Conferring Standing to the Relator
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6.6.6. Circuits in Which the Issue of Standing Is Not Clearly Decided 6.6.6. Circuits in Which the Issue of Standing Is Not Clearly Decided
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6.6.7. Eventual Supreme Court Review 6.6.7. Eventual Supreme Court Review
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6.7. Extension of the Specialty Principle: Limitations on Re-Extradition 6.7. Extension of the Specialty Principle: Limitations on Re-Extradition
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6.8. Other Issues of Pertaining to Standing 6.8. Other Issues of Pertaining to Standing
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6.9. The United States as the Requested State and the Principle of Specialty 6.9. The United States as the Requested State and the Principle of Specialty
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6.10. The Position of the Restatement (Third) of the Foreign Relations Law of the United States on Specialty 6.10. The Position of the Restatement (Third) of the Foreign Relations Law of the United States on Specialty
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6.11. The Principle of Specialty and Assurances in Light of Governmental Interests 6.11. The Principle of Specialty and Assurances in Light of Governmental Interests
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6.11.1. The Death Penalty 6.11.1. The Death Penalty
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6.11.2. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 6.11.2. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
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6.11.3. Conclusion 6.11.3. Conclusion
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7. Diplomatic Assurances 7. Diplomatic Assurances
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7.1. Introduction: The Meaning of Assurances 7.1. Introduction: The Meaning of Assurances
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7.2. Legal Nature and Enforcement of Assurances 7.2. Legal Nature and Enforcement of Assurances
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7.3. Assurances Distinguished from the Principle of Specialty and U.S. Practice 7.3. Assurances Distinguished from the Principle of Specialty and U.S. Practice
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7.4. Conclusion 7.4. Conclusion
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8. The Rule of Non-Inquiry 8. The Rule of Non-Inquiry
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8.1. Nature and Scope of the Rule 8.1. Nature and Scope of the Rule
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8.2. The Rule of Non-Inquiry as Applied by U.S. Courts in Passive Extradition (When the United States Is the Requested State) 8.2. The Rule of Non-Inquiry as Applied by U.S. Courts in Passive Extradition (When the United States Is the Requested State)
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8.3. The Rule of Non-Inquiry: The Death Penalty and Torture 8.3. The Rule of Non-Inquiry: The Death Penalty and Torture
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8.3.1. International Human Rights Treaty Law 8.3.1. International Human Rights Treaty Law
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8.4. The Rule of Non-Inquiry as Applied by Courts of Foreign States in Active Extradition (When the United States Is the Requesting State) 8.4. The Rule of Non-Inquiry as Applied by Courts of Foreign States in Active Extradition (When the United States Is the Requesting State)
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8.4.1. The Death Penalty 8.4.1. The Death Penalty
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8.5. Revisiting the Rule of Non-Inquiry 8.5. Revisiting the Rule of Non-Inquiry
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VII Substantive Requirements: Dual Criminality, Extraditable Offenses, Specialty, and Non-Inquiry
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Published:01 February 2014
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Reciprocity: The Underpinning of Substantive Requirements
The practice of extradition, as discussed in Chapter I, developed before treaties superseded custom as its most important source. As the practice evolved over the centuries it settled on a number of similar substantive requirements, exclusions, exceptions, defenses, and procedures.1 These similarities were later reflected in treaties, national legislation, jurisprudence, and doctrine. The cumulative effect of these different sources make up what is regarded as the customary international law of extradition.
The two most important features of modern extradition are its legal nature and its observance of the Rule of Law. Although the obligation to extradite in the absence of a treaty was supported by Jean Bodin,2 Hugo Grotius,3 and other publicists discussed in Chapter I, and is expressed in the maxim aut dedere aut judicare,4 the duty to extradite in the absence of a treaty is still not sufficiently recognized as being part of customary international law (CIL). The practice of states reflects the position that no clear international legal obligation or duty to surrender a fugitive from justice exists in the absence of a treaty or reciprocity, except with respect to international crimes.5
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