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Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

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Claire Mitchell

Annex 1

Texte intégral

Multilateral treaties containing an extradite or prosecute clause

Multilateral conventions

No. 1 – Treaty: International Convention for the Protection of All Persons from Enforced Disappearance

1Ref. No.:UN Doc. No. A/Res/61/177

2Date:20.12.2006

3GA Res. adopting treaty:A/Res/61/177

4Date in force:Not yet in force

5No. States Parties (at 01.08.2007):–

6Extradite or prosecute clause:

  • A.9(2). Each State Party shall likewise take such measures as may be necessary to establish its competence to exercise jurisdiction over the offence of enforced disappearance when the alleged offender is present in any territory under its jurisdiction, unless it extradites or surrenders him or her to another State in accordance with its international obligations or surrenders him or her to an international criminal tribunal whose jurisdiction it has recognized.

  • A.10(1). Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be maintained only for such time as is necessary to ensure the person’s presence at criminal, surrender or extradition proceedings.

  • A.11(1). The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.

  • A.11(2). These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State Party. In the cases referred to in article 9, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 9, paragraph 1.

No. 2 – Treaty: International Convention for the Suppression of Acts of Nuclear Terrorism

7Ref. No.: UN Doc. No. A/Res/59/290. UN Reg. No. 44004

8Date: 13.04.2005

9GA Res. adopting treaty: A/Res/59/290

10Date in force: Not yet in force

11No. States Parties (at 01.08.2007): 24

12Extradite or prosecute clause:

  • A.9(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2 of the present article.

  • A.10(1). Upon receiving information that an offence set forth in article 2 has been committed or is being committed in the territory of a State Party or that a person who has committed or who is alleged to have committed such an offence may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.

  • A.10(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person’s presence for the purpose of prosecution or extradition.

  • A.11(1). The State Party in the territory of which the alleged offender is present shall, in cases to which article 9 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

No. 3 – Treaty: UN Convention against Corruption

13Ref. No.: UN Doc. No. A/58/422. UN Reg. No. 42146

14Date: 31.10.2003

15GA Res. adopting treaty: A/Res/58/4

16Date in force: 14.12.2005

17No. States Parties (at 01.08.2007): 95

18Extradite or prosecute clause:

  • A.42(3). For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.  

  • A.42(4). Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged offender is present in its territory and it does not extradite him or her.  

  • A.44(10). Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

  • A.44(11). A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

No. 4 – Treaty: UN Convention against Transnational Organised Crime

19Ref. No.: UN Doc. No. A/Res/55/25. UN Reg. No. 39574

20Date: 15.11.2000

21GA Res. adopting treaty: A/Res/55/25

22Date in force: 29.09.2003

23No. States Parties (at 01.08.2007): 134

24Extradite or prosecute clause:

  • A.15(3). For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.

  • A.15(4). Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.

  • A.16(9). Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

  • A.16(10). A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.

No. 5 – Treaty: Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

25Ref. No.: UN Doc. No. A/RES/54/263

26Date: 25.05.2000

27GA Res. adopting treaty: A/RES/54/263

28Date in force: 18.01.2002

29No. States Parties (at 01.08.2007): 121

30Extradite or prosecute clause:

  • A.4(3). Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him or her to another State Party on the ground that the offence has been committed by one of its nationals.

  • A.5(5). If an extradition request is made with respect to an offence described in article 3, paragraph 1, and if the requested State Party does not or will not extradite on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution.

No. 6 – Treaty: Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict

31Ref. No.: UNESCO Doc. HC / 1999 / registration with UN - 05.05.2004 - no. 3511

32Date: 26.03.1999

33GA Res. adopting treaty: –

34Date in force: 09.03.2004

35No. States Parties (at 01.08.2007): 45

36Extradite or prosecute clause:

  • A.16(1). Without prejudice to paragraph 2, each Party shall take the necessary legislative measures to establish its jurisdiction over offences set forth in Article 15 in the following cases: (a). when such an offence is committed in the territory of that State; (b). when the alleged offender is a national of that State; (c). in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when the alleged offender is present in its territory.

  • A.16(2). With respect to the exercise of jurisdiction and without prejudice to Article 28 of the Convention: (a). this Protocol does not preclude the incurring of individual criminal responsibility or the exercise of jurisdiction under national and international law that may be applicable, or affect the exercise of jurisdiction under customary international law; (b). Except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3 paragraph 2, members of the armed forces and nationals of a State which is not Party to this Protocol, except for those nationals serving in the armed forces of a State which is a Party to this Protocol, do not incur individual criminal responsibility by virtue of this Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.

  • A.17(1). The Party in whose territory the alleged offender of an offence set forth in Article 15 sub-paragraphs 1 (a) to (c) is found to be present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities, for the purpose of prosecution, through proceedings in accordance with its domestic law or with, if applicable, the relevant rules of international law.

No. 7 – Treaty: International Convention on the Suppression of Financing of Terrorism

37Ref. No.: UN Doc. No. A/RES/54/109. UN Reg. No. 38349

38Date: 09.12.1999

39GA Res. adopting treaty: A/RES/54/109

40Date in force: 10.04.2002

41No. States Parties (at 01.08.2007): 158

42Extradite or prosecute clause:

  • A.7(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States Parties that have established their jurisdiction in accordance with paragraphs 1 or 2.

  • A.9(1). Upon receiving information that a person who has committed or who is alleged to have committed an offence set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

  • A.9(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person’s presence for the purpose of prosecution or extradition.

  • A.10(1). The State Party in the territory of which the alleged offender is present shall, in cases to which article 7 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in  the same manner as in the case of any other offence of a grave nature under the law of that State.

No. 8 – Treaty: International Convention for the Suppression of Terrorist Bombings

43Ref. No.: 2149 UNTS 256

44Date: 15.12.1997

45GA Res. adopting treaty: A/RES/52/164

46Date in force: 23.05.2001

47No. States Parties (at 01.08.2007): 151

48Extradite or prosecute clause:

  • A.6(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the State Parties which have established its jurisdiction in accordance with paragraph 1 or 2 of the present article.

  • A.7(1). Upon receiving information that a person who has committed or who is alleged to have committed an offence as set forth in article 2 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its domestic law to investigate the facts contained in the information.

  • A.7(2). Upon being satisfied that the circumstances so warrant, the State Party, in who territory the offender or alleged offender is present shall take the appropriate measures under its domestic law so as to ensure that person’s presence for the purpose of prosecution or extradition.

  • A.8(1). The State Party in the territory of which the alleged offender is present shall, in cases to which article 6 applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

No. 9 – Treaty: Convention on the Safety of United Nations and Associated Personnel

49Ref. No.: 2051 UNTS 363

50Date: 09.12.1994

51GA Res. adopting treaty: A/RES/49/59

52Date in force: 15.01.1999

53No. States Parties (at 01.08.2007): 81

54Extradite or prosecute clause:

  • A.10(4). Each State Party shall take such measures as may be necessary to establish its jurisdiction over the crimes set out in article 9 in cases where the alleged offender is present in its territory and it does not extradite such person pursuant to article 15 to any of the States Parties which have established their jurisdiction in accordance with paragraph 1 or 2.

  • A.13(1). Where the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its national law to ensure that person’s presence for the purpose of prosecution or extradition.

  • A.14. The State Party in whose territory the alleged offender is present shall, if it does not extradite that person, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the law of that State. Those authorities shall take their decision in the same manner as in the case of an ordinary offence of a grave nature under the law of that State.

No. 10 – Treaty: International Convention Against the Recruitment, Use, Financing and Training of Mercenaries

55Ref. No.: 2163 UNTS 75

56Date: 04.12.1989

57GA Res. adopting treaty: A/RES/44/34

58Date in force: 20.10.2001

59No. States Parties (at 01.08.2007): 30

60Extradite or prosecute clause:

  • A.9(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 3 and 4 of the present Convention in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article

  • A.10(1). Upon being satisfied that the circumstances so warrant, any State Party in whose territory the alleged offender is present shall, in accordance with its laws, take him into custody or take such other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry into the facts.

  • A.12. The State Party in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

No. 11 – Treaty: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

61Ref. No.: 38 ILM 493

62Date: 20.12.1988

63GA Res. adopting treaty: –

64Date in force: 11.11.1990

65No. States Parties (at 01.08.2007): 183

66Extradite or prosecute clause:

  • A.6(8). Subject to the provisions of its domestic law and its extradition treaties, the requested Party may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his presence at extradition proceedings.

  • A.6(9). Without prejudice to the exercise of any criminal jurisdiction established in accordance with its domestic law, a Party in whose territory an alleged offender is found shall: (a) If it does not extradite him in respect of an offence established in accordance with article 3, paragraph 1, on the grounds set forth in article 4, paragraph 2, subparagraph (a), submit the case to its competent authorities for the purpose of prosecution, unless otherwise agreed with the requesting Party; (b) If it does not extradite him in respect of such an offence established in accordance with article 4, paragraph 2, subparagraph (b), submit the case to its competent authorities for the purpose of prosecution, unless otherwise requested by the requesting Party for the purposes of preserving its legitimate jurisdiction.

No. 12 – Treaty: Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation

67Ref. No.: 1678 UNTS 221

68Date: 10.03.1988

69GA Res. adopting treaty: –

70Date in force: 01.03.92

71No. States Parties (at 01.08.2007): 144

72Extradite or prosecute clause:

  • A.6(4). Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the State Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

  • A.7(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

  • A.7(2). Such State shall immediately make a preliminary inquiry into the facts in accordance with its own legislation.

  • A.10(1). The State Party in the territory of which the offender or the alleged offender is found shall, in cases to which article 6 applies, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without delay to its competent authorities for the purpose of prosecution in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.

No. 13 – Treaty: Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf

73Ref. No.: 1678 UNTS 304

74Date: 10.03.1988

75GA Res. adopting treaty: –

76Date in force: 01.03.1992

77No. States Parties (at 01.08.2007): 133

78Extradite or prosecute clause:

  • A.1(1). The provisions of articles 5 and 7 and of articles 10 to 16 of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (hereinafter «the Convention») shall also apply mutatis mutandis to the offences set forth in article 2 of this Protocol where such offences are committed on board or against fixed platforms located on the continental shelf.

  • A.1(2). In cases where this Protocol does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State in whose international waters or territorial sea the fixed platform is located.

  • A.3(4). Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 2 in cases where the alleged offender is present in its territory and it does not extradite him to any of the State Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

No. 14 – Treaty: UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

79Ref. No.: 1465 UNTS 85

80Date: 10.12.1984

81GA Res. adopting treaty: A/RES/39/46

82Date in force: 26.06.1987

83No. States Parties (at 01.08.2007): 144

84Extradite or prosecute clause:

  • A.5(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.

  • A.6(1). Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

  • A.6(2). Such State shall immediately make a preliminary inquiry into the facts.

  • A.7(1). The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

No. 15 – Treaty: Convention on the Physical Protection of Nuclear Material

85Ref. No.: 1456 UNTS 101

86Date: 03.03.1980

87GA Res. adopting treaty: –

88Date in force: 08.02.87

89No. States Parties (at 01.08.2007): 128

90Extradite or prosecute clause:

  • A.8(2). Each State party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.

  • A.9. Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this article shall be notified without delay to the States required to establish jurisdiction pursuant to article 8 and, where appropriate, all other States concerned.

  • A.10. The State Party, in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

No. 16 – Treaty: International Convention Against the Taking of Hostages

91Ref. No.: 1316 UNTS 205

92Date: 17.12.1979

93GA Res. adopting treaty: A/RES/34/146

94Date in force: 03.06.1983

95No. States Parties (at 01.08.2007): 161

96Extradite or prosecute clause:

  • A.5(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 1 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States mentioned in paragraph 1 of this article.

  • A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the alleged offender is present shall, in accordance with its laws, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. That State Party shall immediately make a preliminary inquiry into the facts.

  • A.8(1). The State Party in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a grave nature under the law of that State.

No. 17 – Treaty: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I)

97Ref. No.: 125 UNTS 3

98Date: 08.06.1977

99GA Res. adopting treaty: –

100Date in force:07.12.1978

101No. States Parties (at 01.08.2007):167

102Extradite or prosecute clause:

  • A.85(1). The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.

No. 18 – Treaty: Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Including Diplomatic Agents

103Ref. No.: 1035 UNTS 167

104Date: 14.12.1973

105GA Res. adopting treaty: A/RES/3166 (XXVIII)

106Date in force: 20.02.1977

107No. States Parties (at 01.08.2007): 165

108Extradite or prosecute clause:

  • A.3(2). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these crimes in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.

  • A.6(1). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take the appropriate measures under its internal law so as to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary-General of the United Nations to: ...

  • A.7. The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.

No. 19 – Treaty: Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention)

109Ref. No.: 974 UNTS 177

110Date: 23.09.1971

111GA Res. adopting treaty: –

112Date in force: 26.01.1973

113No. States Parties (at 01.08.2007): 185

114Extradite or prosecute clause:

  • A.5(2). Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1(a), (b) and (c), and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the States mentioned in paragraph 1 of this Article.

  • A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided int he law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

  • A.6(2). Such State shall immediately make a preliminary enquiry into the facts.

  • A.7. The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

No. 20 – Treaty: Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention)

115Ref. No.: 1589 UNTS 474

116Date: 24.02.1988

117GA Res. adopting treaty: –

118Date in force: 06.08.1989

119No. States Parties (at 01.08.2007): 161

120Extradite or prosecute clause:

  • A. III. In Article 5 of the Convention, the following shall be added as paragraph 2 bis:  “2 bis. Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1(a) of this Article.

No. 21 – Treaty: Convention on Psychotropic Substances

121Ref. No.: 1019 UNTS 175

122Date: 21.02.1971

123GA Res. adopting treaty: –

124Date in force: 16.08.1976

125No. States Parties (at 01.08.2007): 183

126Extradite or prosecute clause:

  • A.22(2)(a)(v). Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

No. 22 – Treaty: Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention)

127Ref. No.: 860 UNTS 105

128Date: 16.12.1970

129GA Res. adopting treaty: –

130Date in force: 14.10.1971

131No. States Parties (at 01.08.2007): 183

132Extradite or prosecute clause:

  • A.4(2). Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article VIII to any of the States mentioned in paragraph 1 of this Article.

  • A.6(1). Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that State but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

  • A.6(2). Such State shall immediately make a preliminary enquiry into the facts.

  • A.7. The Contracting State in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

No. 23 – Treaty: Single Convention on Narcotic Drugs

133Ref. No.: 520 UNTS 204

134Date: 30.03.1961

135GA Res. adopting treaty: –

136Date in force: 13.12.1964

137No. States Parties (at 01.08.2007): 153

138Extradite or prosecute clause:

  • A.36(2)(a)(iv). Serious offences heretofore referred to committed either by nationals or by foreigners shall be prosecuted by the Party in whose territory the offence was committed, or by the Party in whose territory the offender is found if extradition is not acceptable in conformity with the law of the Party to which application is made, and if such offender has not already been prosecuted and judgement given.

No. 24 – Treaty: Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

139Ref. No.: 96 UNTS 316

140Date: 21.03.1950

141GA Res. adopting treaty: –

142Date in force: 25.07.1951

143No. States Parties (at 01.08.2007): 80

144Extradite or prosecute clause:

  • A.9. In States where the extradition of nationals is not permitted by law, nationals who have returned to their own State after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own State. This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.

  • A.10. The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreign State and, if convicted, has served his sentence or had it remitted or reduced in conformity with the laws of that foreign State.

No. 25 – Treaty: Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

145Ref. No.: 75 UNTS 31

146Date: 12.08.1949

147GA Res. adopting treaty: –

148Date in force: 21.10.1950

149No. States Parties (at 01.08.2007): 194

150Extradite or prosecute clause:

  • Art. 49. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

No. 26 – Treaty: Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

151Ref. No.: 75 UNTS 85

152Date: 12.08.1949

153GA Res. adopting treaty: –

154Date in force: 21.10.1950

155No. States Parties (at 01.08.2007): 194

156Extradite or prosecute clause:

  • Art. 50. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

No. 27 – Treaty: Geneva Convention Relative to the Treatment of Prisoners of War

157Ref. No.: 75 UNTS 135

158Date: 12.08.1949

159GA Res. adopting treaty: –

160Date in force: 21.10.1950

161No. States Parties (at 01.08.2007): 194

162Extradite or prosecute clause:

  • Art. 129. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

No. 28 – Treaty: Geneva Convention Relative to the Protection of Civilian Persons in Time of War

163Ref. No.: 75 UNTS 287

164Date: 12.08.1949

165GA Res. adopting treaty: –

166Date in force: 21.10.1950

167No. States Parties (at 01.08.2007): 194

168Extradite or prosecute clause:

  • Art. 146. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

No. 29 – Treaty: Convention for the Suppression of the Illicit Traffic in Dangerous Drugs

169Ref. No.: 198 LNTS 299

170Date: 26.06.1936

171GA Res. adopting treaty: –

172Date in force: 26.10.1936

173No. States Parties (at 01.08.2007): 15

174Extradite or prosecute clause:

  • A.7(1). In countries where the principle of the extradition of nationals is not recognized, nationals who have returned to the territory of their own country, after the commission abroad of any of the offences referred to in Article 2, shall be prosecuted and punished in the same manner as if the offence had been committed in the said territory, even in a case where the offender has acquired his nationality after the commission of the offence.

  • A.8. Foreigners who are in the territory of a High Contracting Party and who have committed abroad any of the offences set out in Article 2 shall be prosecuted and punished as though the offence had been committed in that territory if the following conditions are realized - namely, that: (a) extradition has been requested and could not be granted for a reason independent of the offence itself; (b) The law of the country of refuge considers prosecution for offences committed abroad by foreigners admissible as a general rule.

No. 30 – Treaty: International Convention for the Suppression of Counterfeiting Currency

175Ref. No.: 112 LNTS 371

176Date: 20.04.1929

177GA Res. adopting treaty: –

178No. States Parties (at 01.08.2007): 79

179Extradite or prosecute clause:

  • A.8. In countries where the principle of the extradition of nationals is not recognized, nationals who have returned to the territory of their own country after the commission abroad of an offence referred to in Article 3 should be punishable in the same manner as if the offence had been committed in their own territory, even in a case where the offender has acquired his nationality after the commission of the offence. This provision does not apply if, in the similar case, the extradition of a foreigner could not be granted.

  • A.9. Foreigners who have committed abroad any offence referred to in Article 3, and who are in the territory of a country whose internal legislation recognizes as a general rule the principle of the prosecution of offences committed abroad, should be punishable in the same way as if the offence had been committed in the territory of that country. The obligation to take proceedings is subject to the condition that extradition has been requested and that the country to which application is made cannot hand over the person accused for some reason which has no connection with the offence.

Regional conventions

No. 1 – Treaty: Council of Europe Convention on Action Against Trafficking in Human Beings

180Ref. No.: Council of Europe Treaty Series No. 197

181Date: 16.05.2005

182Date in force: Not yet in force

183No. States Parties (at 01.08.2007): 7

184Extradite or prosecute clause:

  • A.31(3). Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in this Convention, in cases where an alleged offender is present in its territory and it does not extradite him/her to another Party, solely on the basis of his/her nationality, after a request for extradition.

No. 2 – Treaty: Council of Europe Convention on the Prevention of Terrorism

185Ref. No.: Council of Europe Treaty Series No.196

186Date: 16.05.2005

187Date in force: 01.06.2007

188No. States Parties (at 01.08.2007): 7

189Extradite or prosecute clause:

  • A.14(3). Each Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in this Convention in the case where the alleged offender is present in its territory and it does not extradite him or her to a Party whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested Party.

  • A.18(1). The Party in the territory of which the alleged offender is present shall, when it has jurisdiction in accordance with Article 14, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that Party. Those authorities shall take their decision in the same manner as in the case of any other offence of a serious nature under the law of that Party.

  • A.18(2). Whenever a Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that Party to serve the sentence imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought, and this Party and the Party seeking the extradition of the person agree with this option and other terms they may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 1.

No. 3 – Treaty: African Union Convention on Preventing and Combating Corruption

190Date: 11.07.2003

191Date in force: 05.08.2006

192No. States Parties (at 01.08.2007): 21

193Extradite or prosecute clause:

  • A.13(1). Each State Party has jurisdiction over acts of corruption and related offences when:… (c). the alleged criminal is present in its territory and it does not extradite such person to another country.

  • A.15(6). Where a State Party in whose territory any person charged with or convicted of offences is present and has refused to extradite that person on the basis that it has jurisdiction over offences, the Requested State Party shall be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution, unless otherwise agreed with the Requesting State Party, and shall report the final outcome to the Requesting State Party.

  • A.15(7). Subject to the provisions of its domestic law and any applicable extradition treaties, a Requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the Requesting State Party, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure that the person is present at the extradition proceedings.

No. 4 – Treaty: Council of Europe’s Convention on Cyber-crime

194Ref. No.: Council of Europe Treaty Series No. 185

195Date: 23.11.2001

196Date in force: 01.07.2004

197No. States Parties (at 01.08.2007): 21

198Extradite or prosecute clause:

  • A.22(3). Each Party shall adopt such measures as may be necessary to establish jurisdiction over the offences referred to in Article 24, paragraph 1, of this Convention, in cases where an alleged offender is present in its territory and it does not extradite him or her to another Party, solely on the basis of his or her nationality, after a request for extradition.

  • A.24(6). If extradition for a criminal offence referred to in paragraph 1 of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the purpose of prosecution and shall report the final outcome to the requesting Party in due course. Those authorities shall take their decision and conduct their investigations and proceedings in the same manner as for any other offence of a comparable nature under the law of that Party.

No. 5 – Treaty: Council of Europe’s Criminal Law Convention on Corruption

199Ref. No.: Council of Europe Treaty Series No. 173

200Date: 27.01.1999

201Date in force: 01.07.2002

202No. States Parties (at 01.08.2007): 36

203Extradite or prosecute clause:

  • A.17(1). Each Party shall adopt such legislative and other measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with Articles 2 to 14 of this Convention where:
    (a) the offence is committed in whole or in part in its territory;
    (b) the offender is one of its nationals, one of its public officials, or a member of one of its domestic public assemblies;
    (c) the offence involves one of its public officials or members of its domestic public assemblies or any person referred to in Articles 9 to 11 who is at the same time one of its nationals.

  • A.17(2). Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraphs 1 b and c of this article or any part thereof.

  • A.17(3). If a Party has made use of the reservation possibility provided for in paragraph 2 of this article, it shall adopt such measures as may be necessary to establish jurisdiction over a criminal offence established in accordance with this Convention, in cases where an alleged offender is present in its territory and it does not extradite him to another Party, solely on the basis of his nationality, after a request for extradition.

  • A.27(5). If extradition for a criminal offence established in accordance with this Convention is refused solely on the basis of the nationality of the person sought, or because the requested Party deems that it has jurisdiction over the offence, the requested Party shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the requesting Party, and shall report the final outcome to the requesting Party in due course.

No. 6 – Treaty: OAU Convention on the Prevention and Combating of Terrorism

204Ref. No.: 2219 UNTS 208

205Date: 14.07.1999

206Date in force: 06.12.2002

207No. States Parties (at 01.08.2007): 37

208Extradite or prosecute clause:

  • A.6(4). Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the acts set forth in Article 1 in cases where the alleged offender is present in its territory and it does not extradite that person to any of the States parties which have established their jurisdiction in accordance with paragraphs 1 or 2.

  • A.7(1). Upon receiving information that a person who has committed or who is alleged to have committed any terrorist act as defined in Article 1 may be present in its territory, the State Party concerned shall take such measures as may be necessary under its national law to investigate the facts contained in the information.

  • A.7(2). Upon being satisfied that the circumstances so warrant, the State Party in whose territory the offender or alleged offender is present shall take the appropriate measures under its national law so as to ensure that person’s presence for the purpose of prosecution.

  • A.8(4). A State Party in whose territory an alleged offender is present shall be obliged, whether or not the offence was committed in its territory, to submit the case without undue delay to its competent authorities for the purpose of prosecution if it does not extradite that person.

No. 7 – Treaty: Convention of the Organization of the Islamic Conference on Combating International Terrorism

209Date: 01.07.1999

210Date in force: Not known

211No. States Parties (at 01.08.2007): Not known

212Extradite or prosecute clause:

  • A.6. Extradition shall not be permissible in any of the following circumstances: … (3) if the crime for which extradition is requested was committed in the territory of the requested Contracting State, unless this crime has undermined the interests of the requesting State and its laws stipulate that the perpetrators of those crimes shall be prosecuted and punished providing that the requested country has not commenced investigation or trial; ...(8) If the legal system of the requested State does not permit extradition of its national, then it shall be obliged to prosecute whosoever commits a terrorist crime if the act is punishable in both States by a freedom restraining sentence for a minimum period of one year or more.  The nationality of the person requested for extradition shall be determined according to the date of the crime taking into account the investigation undertaken in this respect by the requesting State.

No. 8 – Treaty: Arab Convention on the Suppression of Terrorism

213Date: 22.04.1998

214Date in force: Not known

215No. States Parties (at 01.08.2007): Not known

216Extradite or prosecute clause:

  • A.3. Contracting States undertake not to organize, finance or commit terrorist acts or to be accessories thereto in any manner whatsoever. In their commitment to the prevention and suppression of terrorist offences in accordance with their domestic laws and procedures, they shall endeavour: ... II. Measures of suppression. (1). To arrest the perpetrators of terrorist offences and to prosecute them in accordance with national law or extradite them in accordance with the provisions of this Convention or of any bilateral treaty between the requesting State and the requested State.

  • A 5. Contracting States shall undertake to extradite those indicated for or convicted of terrorist offences whose extradition is requested by any of these states in accordance with the rules and conditions stipulated in this convention.

  • A.6. Extradition shall not be permissible in any of the following circumstances: … (c) if the offence for which extradition is requested was committed in the territory of the requested contracting State, except where the offence has harmed the interests of the requesting State and its law provide for the prosecution and punishment for such offences and where the requested State has not initiated any investigation or prosecution; ...(h) If the legal system of the requested State does not allow it to extradite its nationals. In this case, the requested State shall prosecute any such persons who commit in any of the other Contracting States a terrorist offence that is punishable in both States by deprivation of liberty for a period of at least one year or more. The nationality of the person whose extradition is sought shall be determined as at the date on which the offence in question was committed, and use shall be made in this regard of the investigation conducted by the requesting State.

No. 9 – Treaty: Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials

217Ref. No.: Inter-American Treaty No. A-63

218Date: 14.11.1997

219Date in force: 01.07.1998

220No. States Parties (at 01.08.2007): 27

221Extradite or prosecute clause:

  • A. V(3). Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.

  • A.XIX(6). If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, the Requested State Party shall submit the case to its competent authorities for the purpose of prosecution under the criteria, laws, and procedures applied by the Requested State to those offenses when they are committed in its own territory. The Requested and Requesting States Parties may, in accordance with their domestic laws, agree otherwise in relation to any prosecution referred to in this paragraph.

No. 10 – Treaty: Inter-American Convention Against Corruption

222Ref. No.: Inter-American Treaty No. B-58

223Date: 29.03.1996

224Date in force: 03.06.1997

225No. States Parties (at 01.08.2007): 33

226Extradite or prosecute clause:

  • A.V(3). Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention when the alleged criminal is present in its territory and it does not extradite such person to another country on the ground of the nationality of the alleged criminal.

  • A.XIII(6). If extradition for an offense to which this article applies is refused solely on the basis of the nationality of the person sought, or because the Requested State deems that it has jurisdiction over the offense, the Requested State shall submit the case to its competent authorities for the purpose of prosecution unless otherwise agreed with the Requesting State, and shall report the final outcome to the Requesting State in due course.

  • A.XIII(7). Subject to the provisions of its domestic law and its extradition treaties, the Requested State may, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the Requesting State, take into custody a person whose extradition is sought and who is present in its territory, or take other appropriate measures to ensure his presence at extradition proceedings.

No. 11 – Treaty: Inter-American Convention on Forced Disappearance of Persons

227Ref. No.: Inter-American Treaty No. A-60

228Date: 09.06.1994

229Date in force: 28.03.1996

230No. States Parties (at 01.08.2007): 13

231Extradite or prosecute clause:

  • A.IV. ... Every State Party shall, moreover, take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within its territory and it does not proceed to extradite him.

  • A.VI. When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the offense had been committed within its jurisdiction, for the purposes of investigation and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the state that has requested the extradition.

No. 12 – Treaty: Inter-American Convention on International Traffic in Minors

232Ref. No.: OAS Treaty Series, No.79

233Date: 18.03.1994

234Date in force: 15.08.1997

235No. States Parties (at 01.08.2007): 13

236Extradite or prosecute clause:

  • A.7. The States Parties undertake to adopt effective measures, under their domestic law, to prevent and severely punish the international traffic in minors defined in this Convention.

  • A.9. The following shall have competence in cases of crimes involving international traffic in minors: ...c) the State Party in which the alleged offender is located if said offender has not been extradited.

No. 13 – Treaty: SAARC Regional Convention on Suppression of Terrorism

237Date: 04.11.1987

238Date in force: 22.08.1988

239No. States Parties (at 01.08.2007): Not known

240Extradite or prosecute clause:

  • A.IV. A contracting State in whose territory a person suspected of having committed an offence referred to in Article 1 or agreed to in terms of Article II is found and which has received a request for extradition from another Contracting State, shall, if it does not extradite that person, submit the case without exception and without delay, to its competent authorities who shall take their decisions in the same manner as in the case of any offence of a serious nature under the law of the State.

  • A.VI. A Contracting State, in whose territory an alleged offender is found shall, upon receiving a request for extradition from another Contracting State, take appropriate measures, subject to its national laws, so as to ensure his presence for the purposes of extradition or prosecution. Such measures shall immediately be notified to the requesting State.

No. 14 – Treaty: Additional Protocol to the SAARC Regional Convention on Suppression of Terrorism

241Date: 06.01.2004

242Date in force: 12.01.2006

243No. States Parties (at 01.08.2007): Not known

244Extradite or prosecute clause:

  • A.13(2). The provisions of Article IV of the 1987 SAARC Convention relating to the duty to extradite or prosecute shall apply, mutatis mutandis, in respect of the offences set forth in Article 4 of this Additional Protocol.

No. 15 – Treaty: Inter-American Convention to Prevent and Punish Torture

245Ref. No.: OAS Treaty Series No.6

246Date: 09.12.1985Date in force: 28.02.1987

247No. States Parties (at 01.08.2007): 17

248Extradite or prosecute clause:

  • A.12. ... Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.

  • A.14. When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.

No. 16 – Treaty: Convention of the OAU for the Elimination of Mercenarism in Africa.

249Ref. No.: 1490 UNTS 95

250Date: 03.07.1977

251Date in force: 22.04.1985

252No. States Parties (at 01.08.2007): 28

253Extradite or prosecute clause:

  • A.8. Each contracting State shall undertake to take such measures as may be necessary to punish, in accordance with the provisions of Article 7, any person who commits an offence under Article 1 of this Convention and who is found on its territory if it does not extradite him to the State against which the offence has been committed.

  • A.9(2). A request for extradition shall not be refused unless the requested State undertakes to exercise jurisdiction over the offender in accordance with the provisions of Article 8.

  • A.9(3). Where a national is involved in the request for extradition, the requested State shall take proceedings against him for the offence committed if extradition is refused.

No. 17 – Treaty: European Convention on the Suppression of Terrorism

254Ref. No.: Europ.TS No. 90

255Date: 27.01.1977

256Date in force: 04.08.1978

257No. States Parties (at 01.08.2007): 45

258Extradite or prosecute clause:

  • A.6. Each Contracting State shall take such measures as may be necessary to establish its jurisdiction over an offence mentioned in Article 1 in the case where the suspected offender is present in its territory and its does not extradite him after receiving a request for extradition from a Contracting State whose jurisdiction is based on a rule of jurisdiction existing equally in the law of the requested State.

  • A.7. A Contracting State in whose territory a person suspected to have committed an offence mentioned in Article 1 is found and which has received a request for extradition under the conditions mentioned in Article 6, paragraph 1, shall, if it does not extradite that person, submit the case, without exception whatsoever and without undue delay, to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.

No. 18 – Treaty: OAS Convention to Prevent and Punish Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion that are of International Significance

259Ref. No.: 1483 UNTS 195 / OAS Treaty Series No. 37

260Date: 02.02.1971

261Date in force: Date of deposit of ratification for each state

262No. States Parties (at 01.08.2007): 18

263Extradite or prosecute clause:

  • A.5. When extradition requested for one of the crimes specified in Article 2 is not in order because the person sought is a national of the requested state, or because of any other legal or constitutional impediment, that state is obliged to submit the case to its competent authorities for prosecution, as if the act had been committed in its territory. The decision of these authorities shall be communicated to the state that requested extradition. In such proceedings, the obligation established in Article 4 shall be respected.