Can an asylum seeker be extradited?

human rights law impose bars to extradition under certain circumstances, in addition to those based in international refugee law. 5. In extradition cases concerning a refugee or an asylum-seeker, certain principles and provisions in extradition law offer legal safeguards to the individual concerned.

Are asylum seekers protected under international law?

The Universal Declaration of Human Rights (Article 14), which states that everyone has the right to seek and enjoy asylum from persecution in other countries. The 1951 UN Refugee Convention (and its 1967 Protocol), which protects refugees from being returned to countries where they risk being persecuted.

What does international law say about asylum seekers?

That “Everyone has the right to seek and to enjoy in other countries asylum from persecution” is enshrined in the United Nations Universal Declaration of Human Rights of 1948 and supported by the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.

What is extradition and asylum in international law?

Extradition aims at securing criminal justice and denying safe haven to fugitive leading to a stable transnational criminal cooperation between the sovereign states. Whereas Asylum seeks to provide a safe and secure living for individuals on the run from their home country in order to avoid political persecution.

Where does extradition begin when asylum ends?

Starke has affirmed that asylum stops where extradition begins. Extradition and Asylum are political acts of States and it differs from state to state depending upon treaties, internal and external policies, and this interdependence makes it suitable to consider the two subjects together.

What is a cessation clause?

The cessation clauses set out the only situations in which refugee status properly and legitimately granted comes to an end. This means that once an individual is determined to be a refugee, his/her status is maintained unless he/she falls within the terms of one of the cessation clauses.

What is the basic difference between asylum and extradition?

The differences between the principles applying to the two kinds of asylum flow from the fact that the power to grant territorial asylum is an incident of territorial sovereignty itself, whereas the granting of extraterritorial asylum is rather a derogation from the sovereignty of the territorial state in so far as …

What is the rule of extradition?

The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a “treason, felony or other crime” to the state from which the fugitive has fled.

What is the difference between extradition and asylum?

Extradition is needed when an individual charged with a crime in one state flees to another. In this case, the requesting state requests its citizen to be sent back so that he/she can stand trial for their crimes. Asylum is when a person, who is afraid of being prosecuted in his home state, runs away to another state for protection.

What is the right to seek asylum under international law?

Under the principles of International Law, the right to seek Asylum is a diplomatic embassy. It can be used because the embassy buildings are exterritorial. Moreover, it represents a small portion of people who are sent from one state to the other state (Receiving state).

What happens if a country does not extradite a person?

The court held that there is no provision under international law that states if extradition procedures are not followed then the country must return him back. The state can also not extradite citizens of their own state.

What are the conditions for extradition?

Extradition Treaties: the first and foremost condition of extradition is the existence of an extradition treaty between the territorial state and requesting state. Some states such as the United States, Belgium, and the Netherlands, require a treaty as an absolute pre-condition.