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Abstract Of An Appraisal in the Concept and Practice of Extradition Under International Law
The study examines an appraisal in the concept and practice of extradition under international law.
The study adopted qualitative method and historical/analytical design was used in analyzing its data. Data were collected through secondary sources which include newspapers, archives, books, conference proceedings, etc.
The findings revealed that; There is substantial similarity between the practice of extradition all over the world, despite minor variations in the judicial mechanisms, enforcement and the substantive legal provisions;. The operational use of the concept from the perspectives of bilateral and multilateral treaties constitutes the crux of the later which always focused on the Nigerian dimension and obstacles towards its implementation.
The study concluded that, political offence exception is an obstacle in the determination of extraditable offences. The basis of exception, apart from the traditional practice of according hospitality to strangers, was associated with the need to consolidate liberal democracy in Europe and to protect only revolutionaries from being returned to their home countries to face prosecution for crimes committed against their governments which is not in accord with the basis for its operation today. Extradition proceedings are conducted by the requested state, who is the complainant, the prosecutor and the judge.
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The study further recommends that; The courts only would be in a better position to determine extradition matters;. Nigeria should not encourage strict operation of the political offence but insist on extradition for prosecution and punishment;. There is need for an international convention on extradition that will be binding on all countries;. There is need for the establishment of a neutral international judicial body to sit in a neutral state to conduct extradition proceedings.
CHAPTER ONE
INTRODUCTION
Background to the Study
Globally, governments, inter-governmental organizations, corporations and non-governmental organizations spend considerable budget amounts maintaining international legal institutions as well as developing and practicing international law (Martin, 2017). It involves international agreement concluded between one or more states and one or more international organizations which is in written form and governed by international law. Since international law depends on how conflict is solved by domestic legal order. Domestic effect of international law can be the application of customary international law or treaties to which the concerned state was a party (Simmons, 2011).
International law in many ways operates as political power, liberal institutionalism and transnational interdependence for a dominant explanation in international political affairs. However, international law differs from the domestic laws that govern our lives on a daily basis in Africa (Amr, 2013). Laws instituted by constituted governments at the national and provincial levels operate on a system based in legitimate government authority. Whether it is constitutional or legislative law, laws are understood to derive from the law-making powers granted to government entities. There is no central authority at the international level, and no international law-making body (Amr, 2013). Hence, international law is voluntary in origin becoming compulsory through multinational consensus, but in all cases derived from states behaviors. Rather than recognizing one central political authority, international law derives its authority from various political sources paramount of which are nation states and their political relationships.
No rule of international law takes domestic effect on its own force; the State must either have consented to the efficacy of that particular rule within its municipality or have delegated, through an enabling treaty, part of its sovereign right in certain areas to an international organization (Umozorike, 2010). The strength international law has recorded in certain areas and the weaknesses in others are reflections of how much States are willing to direct their sovereign power in support or denunciation of the particular rule. The inability of the International Criminal Court to effectively come into being exemplifies the inherent power of the sovereign State to determine, as ever before, when and to what external authority it would submit its country or citizens (Okeke, 2016).
All over the world, the rules regarding extradition are not well established because law of extradition is a dual law (Jone, 2017). It has operation national as well international operation. Extradition or non-extradition is determined by the municipal Courts of a State, but at the same time it also a part of International Law because it governs the relation between two States over the question whether or not a given person should be handed over by one State to another State. This question is decided by the national Courts but on the basis of international commitments as well as the rules of International Law relating to the subjects (Stein, 2012). Extradition in antiquity did not represent any constant practice or develop into any science of extradition.
In Africa, the most modern extradition treaties seek to balance the rights of the individuals with the need to ensure extradition process that operates effectively and are based on principles that are now regarded as established international norms, which are designed not only to protect the integrity of that process itself, but also to guarantee the fugitive offender a degree of procedural fairness (Bedi, 2018). In practice, therefore, the return of criminals is secured by means of extradition agreements between States. Although International Law does not require such treaties to follow a particular form, certain general principles of extradition law have emerged from the practice of States, which are commonly incorporated into extradition agreements (Parry, 2013).
In Nigeria, implementation of extradition treaty obligations must be tailored to the particular legal system of the State concerned. Some countries like Nigeria will not require extensive implementation of legislation, as their legal systems provide for extradition treaties to be directly applied, this is because they follow the “monist” tradition of international law by which international treaties to which such States are parties automatically become a part of their internal law without the need for additional legislation, or because the extradition treaty provides sufficient precision to make extensive legislation unnecessary (Bassiouni, 2015). However, even in such cases, most States will require implementing legislation or regulations governing the procedure applicable to the conduct of extradition hearings when they are the requested State. While the general issue of procedures governing the conduct of the extradition hearing in the requested State is not extensively treated in this Manual, the implementation category nonetheless provides guidance to such States on particular procedural issues that they may wish their domestic legislation, regulations or jurisprudence to address (Bassiouni, 2015). However, many States require extensive legislation to implement extradition treaties. The focus of these treaties is the surrender of persons to another State, which involves the exercise of sovereign powers.
Effective extradition procedures are an essential tool of international law enforcement, both in relation to domestic crime and, increasingly, transnational crime. New international legal frameworks are emerging with the objective of enhancing international responses to organized crime, including terrorist crimes and drug trafficking. However, at the same time as the reinforcement of international extradition obligations in instruments such as the United Nations Convention against Transnational Organized Crime, less desirable developments can be observed in the erosion, in form and in practice, of principles in extradition law which are intended to safeguard individual rights. Based on this foregoing the current research is analyzing an appraisal in the concept and practice of extradition under international law.
Statement of the Problem
Extradition has become recognized as a major element of international cooperation in combating crime, particularly transnational crimes such as drug trafficking and terrorism. It provides that the organized crime covered by the Convention shall be deemed to be an extraditable offence in any extradition treaty between States Parties. If the States Parties do not have an extradition treaty in force between them, the Convention may be taken to operate as the legal basis for extradition (Cebeci, 2018). However, the strengthening of extradition procedures in relation to financial crime has not always been a feature of international extradition law. However, several studies have been done on international law but this research is analyzing an appraisal in the concept and practice of extradition under international law.
Objectives of the Study
The main objective of this study is to analyze an appraisal in the concept and practice of extradition under international law.
The specific objectives are:
1. To determine the impact of extradition practice on international law.
2. To find out the effectiveness of extradition law in combating crime.
3. To determine the effect of international extradition concept law on financial crimes.
Research Questions
1. What is the impact of extradition practice on international law?
2. What is the effectiveness of extradition law in combating crime?
3. What is the effect of international extradition concept law on financial crimes?
Significance of the Study
- The outcome of this study will enlighten government, policy makers, stakeholders and the general public on appraisal in the concept and practice of extradition under international law.
- The findings from this study will constitute a basis for future research and also contribute to the body of knowledge since it will be used as empirical literature.
- Outcome of this study will also be a guide for policy formulation both at national and state level.
Methodology
Methodology is part of the research that shows the ways and approaches of collecting the data (Oliver, 2004). This research is primarily qualitative as it is based on the concept and practice of extradition under international law. The reason for choosing the qualitative analysis strategy is the exploratory and the qualitative nature of study. According to Robson (1993), flexibility is always the main strength of the case study strategy in terms of interpretation and getting access to the specified places. The research is a based on secondary data. We used document analysis/content analysis as main method of data collection. Document analysis/content analysis also called “textual analysis” (Travers, 2001) in the study will include all kinds of academic articles, textual and multi-media products, ranging from television programmes to web sites on the internet
Scope of the Study
This study will cover an appraisal in the concept and practice of extradition under international law. It will also cover issues spanning 2015 to 2019.
Operational Definition of Terms
Appraisal: The act of examining a situation in order to judge their qualities, success or needs.
Practice: The actual application or use of an idea, belief, or method, as opposed to theories relating to it.
Extradition: to make someone return for trial to another country or state where they have been accused or is the handing-over of someone from one jurisdiction to another.
Law: the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
International law: is a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.
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