Extradition is the procedure by which a nation-state, upon receipt of a formal request by another state, turns over to that second jurisdiction an individual charged with or convicted of a crime in that jurisdiction. It is a bilateral event between two nation states. It is a key feature of states’ co-operation in criminal matters.
In the absence of an international treaty governing extradition, states have no international legal obligation to extradite a person requested by another state. But the absence of a treaty does not prevent states from extraditing accused or convicted persons requested by another state. That issue will depend on the requested state’s internal laws. South Africa, for example, does permit extradition in the absence of an extradition treaty with the requesting state.
What if both the US and Sweden request the extradition of Assange? Most extradition treaties have an article dealing with conflicting requests.
If the minister decided to extradite a sought person to one state, for example for hacking, when another state sought the person for rape, and the minister did so without considering the seriousness of the rape allegations and South Africa’s obligations to combating crimes like rape, then his decision could be irrational, unconstitutional and unlawful.
Source: Law Daily Report (lawdailyreport.net)
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