Ankara Sosyal Bilimler Üniversitesi Hukuk Fakültesi Dergisi (Dec 2022)
FROM THE PAST TO THE FUTURE OF EXTRADITION: THE RISE OF A NEW OBLIGATION AS REVERSE EXTRADITION
Abstract
Extradition is a legal concept that has been grown throughout the history of international relations. However, it is not just a simple result of the everyday headaches of international actors. Extradition, specifically, extradition of common criminals, has also a substantial intellectual background that had been developed by prominent scholars such as Grotius and Beccaria. The current scope of extradition agreements, whether they are unilateral or bilateral, includes an obligation to surrender a person who has been convicted or suspected. This situation is related to its intellectual background as its history as well. Recent developments in international law, such as the denaturalization of dual citizens who have been involved in terrorist activities, initiated new legal disputes over whether a state has not any duty to open its borders to someone, who is not its citizen anymore, however, it should be examined that whether states are under an obligation to take and prosecute terrorists in terms of international law. Consequently, such an obligation is essential for the establishment of international security. Recognition of this obligation as a valid legal institution can only be achieved via a well-structured international treaty.
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