Incurring International Shared Responsibility of States on Extradition

The extradition of criminals requires cooperation between the two governments requesting extradition and the sender. It should be noted that the topic of extradition of criminals can be examined from different legal aspects. In the legal literature, it is mostly focused on the aspect of criminal law and international criminal law and international criminal law. However, since this issue implies an obligation for governments (countries), it can also be examined from the point of view of international (non-criminal) liability law. In the meantime, attention and consideration of the rights of the person to be extradited is also something that should be taken into consideration by the requesting and sending governments; A matter that has not been paid attention to as it should and perhaps in international law. The following article tries to comment on the realization of the joint international responsibility of governments in the field of extradition of criminals.   

The present research is analytical-descriptive in terms of its nature and method, and the collection of information was done through document review and data collection.

If during the process of extradition, damages and injuries, which are sometimes irreparable, are caused to the extradited person, it implies the international responsibility of both the sending and requesting countries. The situation of extradition of criminals can imply the simultaneous responsibility of more than one country. This means that every country has international responsibility for the wrongful act it has committed in this regard. According to the 2001 collection of articles of the United Nations International Law Commission in the field of international responsibility of states for international wrongful acts, this can be joint responsibility.