The Core Principles Of Modern Extradition System

Extradition is a method in international criminal justice cooperation, whichincludes the extradition among sovereign states and from sovereign states toInternational Criminal Court. One of the essential principles in international criminaljustice cooperation filed is to respect and protect the basic human rights. Premise ofextradition is the respect between requesting state and requested state and extraditioncannot be arisen without the sovereign principle. Meanwhile, it is also a majorcontent in international law that the human rights of relevant party involved inextradition shall be protected, which embodies the modern law spirit. During theextradition practice, the clashes between national sovereignty and basic human rightsalways emerge and if this conflict cannot be well coordinated, the extradition cannotbe moved on. Therefore, each sovereign state shall have scientific recognition andapproach on the relationship between sovereignty and basic human rights protection,and on the basis of mutual sovereignty respect, basic human rights of the extraditedshall be fully protected. Hence, this paper applies the form of empirical survey andpractical cases analysis to show the clashes between sovereignty and basic humanrights in modern extradition system and finally, find out the interest equilibrium pointbetween sovereignty and basic human rights. This paper will unfold discussion on thefollowing aspects.Firstly, the overview of extradition will be introduced, which mainly involvesthe historical development of international extradition system and developmenthistory of Chinese extradition system. Then, the modern extradition concept isproposed, which has significant changes and the extradition subject change includesthe extradition among sovereign states and the extradition from sovereign states toInternational Criminal Court. Change on extradition objects includes the transfer ofcertain objects and finally, change on extradition basis is more than sole traditionalbilateral treaties. Modern extradition is a combination between administration and justice and essentially, this is a judicial system, which is an important form ofinternational criminal justice assistance.Secondly, the unification between sovereignty respect and human rightsprotection is introduced generally. In the countermeasure, the relationship betweennational sovereignty and human rights is based on the relationship betweensovereignty and human rights on international law concept. While the internationallaw defines the sovereignty and basic human rights clearly, the relationship betweenthese two is still to be explained. Thereout, the dispute of which, sovereignty orhuman rights, shall take a superior position rises and in recent years, some states evenbrutally and openly intervene the internal affairs of other countries under the disguiseof human rights protection. As a matter of fact, the relationship between sovereigntyand basic human rights shall be interactive and interdependent. National sovereigntyis the premise and foundation for human rights and the sovereign states are obligatedto attend international covenants of human rights and undertake the duty of humanrights protection stipulated in international covenants of human rights. Thisdialectical relationship is also appropriate for the sovereignty and human rightsduring extradition.Thirdly, this paper explains the two most important principles in extradition indetail, which are the principles of no extradition for political prisoners and death rows.The two principles are important in extradition and certainly, there are clashes andcoordination between sovereignty principle and human rights principle inside them.Finally, the clashes and coordination between sovereignty and human rights inthe extradition from states to International Criminal Court are introduced. In thisextradition category, the pivotal point in balancing the sovereignty principle andhuman rights principle is how to manage the relationship between national interestand public interest of international society well. From my point of view, any statesshall not harm the public interest of international society while maintaining their ownsovereignty and interest. If some states go against the practical demand of crackingdown international crimes when exercising their sovereignty principle and fail to safeguard the public interest and order of international society, then their sovereigntyprinciple shall be limited and they shall perform their international duties first.