September 6, 2024
New book published by DeakinCrim’s Sally Kennedy and Ian Warren: Reforming International Extradition
Reforming International Extradition: Fairness, Individual Rights and Justice
Sally Kennedy and Ian Warren
This book discusses these issues alongside the significance of globalisation, the dominance of territorial sovereignty in determining criminal jurisdiction, and the delicate balance between state rights, international cooperation, and individual protections, which are associated with extradition processes. This range of issues demonstrates how the normative assumptions behind extradition ensure these processes are likely to prioritise the interests of comity between nation states, rather than the rights of individuals. The limited availability of judicial relief for extraditees reflects how state rights are prioritised, with the law implementing high thresholds needed to establish proof human rights violations will occur if a person is surrendered. Further technical issues, such as the rule of non-inquiry, restrictive evidence options, and judicial deference to the executive, also compromise fairness in extradition cases. This combination of issues are the driving force behind the book’s argument regarding the need for global reform of the extradition process.
The book uses several case studies to demonstrate these key problems. These include the high-profile cases involving Julian Assange and Kim Dotcom, as well as lesser-known cases involving Hassan Diab, Daniel Snedden, Dorin Savu, and Elias Perez. These examples span multiple jurisdictions and highlight the common problem that judicial decision-making prioritises international comity by favouring surrender of the extraditee over individual elements, such as mental health and a high risk of suicide if surrender is ordered. These examples also illustrate how questions of governmental overreach, the role of transnational digital communication systems in the commission of offshore offences, and the operation of complex rules of evidence, can lead to prejudicial trials, as well as broader problems with the extradition process that undermine procedural fairness, refugee rights, and other potential violations of international human rights requirements. This combination of factors provides an important opportunity to reform extradition law and procedure.