Extradition: International Law and Domestic Law: Gary McKinnon v. Natwest Three

Abstract

Extradition law is an amalgamation of international and domestic law with an obligation on states to extradite due to treaty obligations that work in tandem with a state‟s domestic extradition law. It involves a complex admixture of levels and forms of regulation, i.e., incorporating various levels of international and domestic laws. Here, international law refers to public international law. The recent extradition cases of Gary McKinnon and the NatWest Three which have brought forth so much controversy on the international scene also serves as a point guard to the literature underlying Extradition, particularly the United Kingdom (UK)-United States (US) Extradition, which is the main focus of this research. An interplay of international law and domestic law is a consequence of Extradition. While so much controversy surrounds the practical aspect of the concept, it is worthy to mention that Membership of the European Union and the enactment of the Human Rights Act 1998 have incorporated two bodies of substantive international law into English domestic law. International relations is obviously a wonderful concept and if it could bring fraudsters like the NatWest Three to book and discover the acts of McKinnon who, if he was not traced, would have brought havoc to the US and indeed, the entire world, the war against terror would not be an effort in futility.