Extradition – presupposes that a State has already acquired jurisdiction over the person of a particular individual but another State would like to acquire jurisdiction over him once again; through the process of extradition, this another State will be requesting that State which owns jurisdiction over the person of that particular individual to turn over that individual to it so that he may be dealt with accordingly.

- A State is already exercising jurisdiction over an individual but another State would want to request that jurisdiction be given to it (jurisdictional assistance) – may or may not turn over jurisdiction

Deportation – a State which has jurisdiction over a particular individual, on its own accord, ousts that individual outside its jurisdiction for being an undesirable alien

Extradition based on 2 principles:1. Based on a treaty – when there is an extradition treaty between 2 or more States, the request is more of a formality; such request is a

demand for the other State to comply with its treaty obligation2. Based on goodwill/courtesy – a State may be requesting another State to surrender the person of an individual but there is NO treaty

between them; NEVER enforceable – it is up for the State to grant extradition or not

Fugitive1. Fugitive political offenders – referred to as asylum – grant of political immunity to a particular individual 2. Fugitive criminals – subject of extradition

Extradition treaties1. Classical – specify the offenses for which extradition is provided2. Modern – NO list offenses but instead it follows the Principle of Double Criminality – an offense that is punishable under the laws of that 2

States, it is considered covered by the extradition treaty EXCEPT if they are political in nature

Principles governing Extradition1. Treaty of Specialty – a fugitive who is extradited may only be tried for the crime specified in the request for extradition and included in the

list of offenses of the extradition treaty2. Who may be the Subject of extradition?

a. National of the requesting Stateb. National of the requested Statec. Any other national of another State who is in the custody of the requested State

3. Political and religious offenders are NOT subject of extradition, however, a treaty includes attentant clause – the murder of the head of the State or a member of his family shall NOT be considered as a political offense; thus, it still covered by the extradition treaty

4. Rule of Double Criminality – the extradition treaty shall only include offenses or crimes that are punishable under the laws of both States entering into an extradition treaty

Principle of State or International Responsibility- the one who is demanding accountability is a State against another State

requisites: act or omission which constitutes an internationally wrongful act which is attributable to the State under international law act or omission is a breach of international obligation on the part of the State

Principle of Objective Responsibility - arising from breach of duty by reason of the result alone of the act or omission as the cause without regard as to whether there is fault or

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Principle of Attribution- the act of the organs or officials of a State is attributable to that State even if their act is ultra vires or contrary to the internal law of the

State

Reparations to be imposed to those States that are found internationally responsible:1. Restitution – responsible State is under duty to re-establish the situation which existed before it committed the wrongful act – status quo

ante2. Compensation – pay financially assessible damages3. Satisfaction – acknowledgement of the breach or expression of regret or formal giving of apology4. Reprisal – acts contrary to prevailing international law which may be considered as acts of self-help; UNACCEPTABLE under the UN charter5. Retortion – lawful but they are characterized as unfriendly, discourteous and unfit