Extradition in international law : a Maltese perspective

Abstract

This dissertation opens with a definition of extradition and an analysis of the implications arising from such a definition. This is followed by a historical study of the concept of extradition and of the political and social events that have played a salient role in its development. Attention is drawn to the traditional differences between Continental European and Anglo-American extradition practices and to the possible reasons for this diversity. After this comes an attempt to answer the once controversial question of what constitutes the nature of the duty to extradite. Chapter 2 examines are the bases on which requests for extradition are advanced, including the issues of reciprocity, bilateral treaties, and regional and multilateral arrangements especially those relevant to Malta. Attention is given to the current extradition instruments of the EU as well as to the proposed innovations in this region. Next to be examined are the alternative means to rendition: deportation and abduction. An analysis of the characterization of extraditable crimes then follows. Reference is made to the eliminative and the enumerative methods as well as to accessory extradition. The next chapter studies the restrictions to extradition including nationality, jurisdiction, the double criminality requirement, the ne bis in idem principle, prescription, amnesty and pardon, and fiscal and military offences. Restrictions are also examined in the light of the Maltese Extradition Act and local case law. The political offence exemption and its connections with terrorism are given special consideration. Chapter 6 examines the procedural aspects with the Maltese position compared to that of other extradition instruments, particularly the EU conventions. Attention is given to the latest systems of provisional warrants of arrest and the role of Interpol. The limitations to surrender, including the prima facie requirement, the speciality principle, re-extradition to a third state, and the death penalty are then examined before the actual surrender process is set out. Recent events, most notably the September 11 terrorist attack in the USA, and the initiatives they have initiated, round off this dissertation. Special attention is reserved for the innovative European Arrest Warrant.