Model Extradition Treaty

SUMMARY

The International Law Committee (Caline Mouawad, Chair) issued a report that offers a model extradition treaty with the goal of facilitating negotiation and consistency among future U.S. extradition treaties. The United States has extradition treaties in force with over a hundred foreign nations, and the treaties are far from uniform. Some of these disparities have historic explanations; some are rooted in policy considerations; some can be explained by the geopolitical context existing at the time when they were executed; but there are also many that exhibit notable differences that are difficult to explain. The model extradition treaty does not address specific policy issues, but focuses on legal issues, such as:  what an extradition treaty should say (or not say) to be clear, enforceable and easy to apply; what clauses a modern international treaty should contain to ensure that the treaty keeps with U.S. legal tradition and also reflects solid international legal practices and solutions; and how to facilitate the job of officers negotiating an extradition treaty by providing a document that serves as a drafting basis and contains the essential legal provisions any contemporary extradition treaty should have.