In an era of increasing global connectivity, criminals often operate across national borders, posing significant challenges to law enforcement agencies worldwide. European and international extradition laws have become pivotal tools in the fight against transnational crime. This article explores the intricate legal framework governing extradition within Europe and beyond, highlighting key treaties, the role of Interpol, and the impact of Red Notices on apprehending fugitives.
The extradition process involves one sovereign jurisdiction (the requesting country) submitting a formal request for the surrender of a suspect or convict to another sovereign jurisdiction (the requested country). Within the European Union, the European Arrest Warrant (EAW) streamlines extradition among member states, emphasizing judicial cooperation and mutual recognition of judicial decisions.
However, extradition requests between EU member states and non-EU countries are governed by bilateral treaties or international conventions, such as the European Convention on Extradition. The role of Interpol and its issuance of Red Notices—a request to locate and provisionally arrest an individual pending extradition—cannot be overstated, acting as a global alert system to law enforcement agencies.
This legal landscape is fraught with complexities, including human rights considerations, the principle of dual criminality, and potential political overtones. Legal practitioners must navigate these waters with expertise, ensuring that the rights of the accused are protected while facilitating international cooperation in criminal matters.
