International Extradition: An Introduction to U.S. Practice

From narcotics trafficking to the theft of intellectual property, the field of international extradition can lead to high drama with a dynamic interplay of law, politics, and diplomacy. For the United States, international extradition is a diplomatic tool with a critically important judicial dimension where the Secretary of State, rather than the federal bench, has the last word. Using case studies and the instructor's experience in government and the private sector, this course provides an introduction to United States' practice in this interesting field. The course is taught from the perspective of a United States lawyer defending an individual in the United States federal judiciary against surrender to a foreign state or tribunal.

Learning Objectives:

1. Define key international extradition terms from the United States perspective
2. Trace the origins and authorities for United States' international extradition activity, including domestic enabling statutes, key case law, Executive Branch agency rules, and treaties
3. Review the legal authorities and roles of the cast of characters likely to be encountered in United States' extradition proceedings, including the Departments of State and Justice, state and federal prosecutors, the federal Judiciary, state and federal law enforcement personnel, INTERPOL, and foreign government diplomatic or consular personnel assigned to the United States
4. Discuss basic extradition requirements and the defenses to extradition found in most treaties
5. Analyze the choreography of incoming U.S. extradition proceedings and defense counsel's role, from Executive Branch receipt of a foreign extradition demand through final disposition, and review processes for outgoing U.S. requests for extradition to a foreign state
6. Describe defense counsel's role in State Department deliberations about whether to formally surrender a person, national or foreign, who has been certified by the judiciary as extraditable
7. Assess several alternatives to formal extradition and the possible legal consequences of each