The Conditions for Establishing the Extradition System as an International Cooperative Mechanism for Crime Control

Resumo

It is widely acknowledged that the extradition system, as an international judicial mechanism, is one of the most prominent aspects of international cooperation in combating crime and achieving justice. States have ensured, when implementing it, the necessity of meeting several conditions to prevent phenomena like safe havens or the impunity of criminals. Extradition enhances respect for international and national laws, thereby demonstrating the extent of states' commitment to their enforcement. This article examines the conceptual framework and historical foundations of extradition, its legal nature as a hybrid judicial-administrative act, and the substantive conditions governing its application. The analysis focuses on three primary condition categories: those related to the crime (including the principle of dual criminality and excluded offenses), those related to the individual sought (notably the prohibition on extraditing nationals and refugees), and jurisdictional conditions concerning both requesting and requested states. The study further distinguishes extradition from related concepts such as expulsion, surrender, and exile. The Algerian legal framework serves as a principal case study, illustrating how domestic legislation—particularly Articles 694 to 720 of the Code of Criminal Procedure—incorporates international customary norms while preserving sovereign prerogatives. The article concludes that extradition remains a cornerstone of transnational crime control, yet its effectiveness depends upon strengthened mutual recognition among states and the potential development of a binding universal extradition convention.