Chapter 3. Extradition From The United States: Treaties And Other Agreements

Abstract

United States extradition laws are designed to supplement the procedures established in its extradition treaties for apprehending persons in the United States for extradition, conducting extradition proceedings, determining extraditability, and surrendering persons sought for extradition. Attorneys facing questions relating to extradition from the United States are cautioned that there are numerous differences between United States extradition treaties, and that seemingly minor differences in language can result in major differences in their operation. It has taken the position that unless it and other common law countries with which it shares many of the same jurisdictional and evidentiary constraints obligate themselves to extradite their own nationals, those nationals will be free to commit crimes in foreign countries with relative impunity. The status of United States servicemen stationed in foreign countries in many instances is governed by status of forces agreements (SOFAs).Keywords: Extradition; status of forces agreements; United States