Global Simplification of Extradition: Interviews with Selected Extradition Experts in New Zealand, Canada, the US and EU

Abstract

This paper explores the discernible long-term trend towards the simplification of the conditions for extradition in the law of many states. The process of simplification appears to be justified by the necessity of taking more effective action against transnational crime. It appears to be taking place in three main areas: the recharacterisation of extradition from a criminal to an administrative process, the reduction of the substantive conditions for extradition and the expansion of the international platforms for extradition. The process is being tempered by and partially justified by greater individual human rights protections. In an effort to gain a better grasp of the nature of this process, what is driving it, and where it is heading, this paper records the views of a number of expert practitioners from the state, defence, and judiciary in seven different countries with significant extradition practice on these justifications, changes, and human rights protections. The paper synthesises their views thematically before drawing some conclusions about the nature of the process of simplification of extradition and whether there is an emerging global standard for extradition. The research was funded by the New Zealand Law Foundation International Research Fellowship for 2015.