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FPC Briefing: Extradition- Time to remove the nationality bar

Article by Andrew Southam

December 9, 2015

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FPC Briefing: Extradition- Time to remove the nationality bar

In this FPC Briefing Research Associate Andrew Southam examines the nationality protection used by a number of countries to prohibit the extradition of alleged criminals to face trial. This contrasts with the practice of a number of countries including the US and UK that do not refuse to return their own citizens to face trial, provided due process has been followed and proper safeguards are in place. This briefing sets out the situation and calls for steps towards removing the nationality bar from extradition practices. Southam argues that such a bar is against the modern trend to streamline extradition procedures, is an unnecessary protection given other safeguards, and is contrary to wider international initiatives to combat crime. The briefing makes suggestions about how this can be achieved and explores the benefits and disadvantages of alternatives, including local prosecutions.

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