Abstract
Recent media reports have highlighted the risk that criminals could evade justice through naturalization: if the state does not extradite its citizens and is unable or unwilling to prosecute them, then the grant of nationality could equal to providing sanctuary. Against this background, this article reviews the laws and practice of states related to the non-extradition of (naturalized) nationals, and considers the impact of this phenomenon on criminal justice at the domestic level and before the International Criminal Court (ICC). To this end, the author evaluates common (legislative) constructions which could – directly or indirectly – reduce the effect of the extensive freedom of states to refuse extradition of their nationals. She concludes that, whereas the ICC Statute contains sufficient safeguards and non-extradition of nationals might seldom lead to impunity, even in the interstate context, a comprehensive international solution to legal problems related to extradition and mutual assistance would better facilitate criminal justice.
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