Extradition presupposes that a State has already acquired jurisdiction over the person of a particular individual but another

r 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 obligation
2. 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
Fugitive
1. Fugitive political offenders referred to as asylum grant of political immunity to a particular individual
2. Fugitive criminals subject of extradition
Extradition treaties
1. Classical specify the offenses for which extradition is provided
2. 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 Extradition
1. 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 treaty
2. Who may be the Subject of extradition?
a. National of the requesting State
b. National of the requested State
c. 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
culpa
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
ante
2. Compensation pay financially assessible damages
3. Satisfaction acknowledgement of the breach or expression of regret or formal giving of apology
4. Reprisal acts contrary to prevailing international law which may be considered as acts of self-help; UNACCEPTABLE under the UN charter
5. Retortion lawful but they are characterized as unfriendly, discourteous and unfit