NCJ Number
63631
Journal
International Lawyer Volume: 12 Issue: 4 Dated: (1978) Pages: 813-823
Date Published
1978
Length
11 pages
Annotation
THE LEGAL PROCESSES OF INTERNATIONAL EXTRADITION ARE DEMONSTRATED AND CRITIQUED IN AN ANALYSIS OF THE FRENCH COURT'S DECISION TO EXTRADITE AN ALLEGED ASSOCIATE OF GERMAN TERRORISTS.
Abstract
IN THE CONTEXT OF TRANSNATIONAL TERRORISM, THE PROCESSES OF EXTRADITION HAVE A SPECIAL SIGNIFICANCE BECAUSE OF THE 'POLITICAL OFFENSE' EXCEPTION AND THE ALMOST UNLIMITED DISCRETION OF GOVERNMENTS IN THE GRANTING OF ASYLUM TO POLITICAL OFFENDERS. WHEN KLAUS CROISSANT SOUGHT REFUGE IN FRANCE IN 1977 WHILE TRIAL WAS PENDING AGAINST HIM IN GERMANY, THE FRENCH COURT APPLIED THE PROVISIONS OF THE FRENCH-GERMAN EXTRADITION CONVENTION TO CONSIDER WHETHER THE CHARGES IN THE GERMAN ARREST WARRANTS CONSTITUTED EXTRADITABLE CRIMES UNDER FRENCH LAW. THE CROISSANT DECISION FITS A LINE OF FRENCH CASES INVOLVING THE EXTRADITION OF ALLEGED TRANSNATIONAL OFFENDERS. THE COURT FOUND THAT THE CHARGES IN ONE GERMAN WARRANT CONSTITUTED INADEQUATE GROUNDS FOR EXTRADITION AND LACKED A SUFFICIENT EVIDENTIARY BASE UNDER FRENCH LAW. HOWEVER, THE FRENCH COURT GRANTED THE EXTRADITION REQUEST ON THE EXCLUSIVE GROUNDS OF THE CHARGE THAT CROISSANT CONTRIBUTED TO ORGANIZING AND OPERATING AN INFORMATION SYSTEM BETWEEN IMPRISONED TERRORISTS AND TERRORISTS AT LARGE. THE COURT AVOIDED DRAWING A SUBSTANTIVE DISTINCTION BETWEEN ALLEGED ACTIVITIES WHICH HAVE A POLITICAL CHARACTER AND THOSE WHICH ARE SOLELY CRIMINAL FROM A LEGAL PERSPECTIVE. THE WEST GERMAN GOVERNMENT INDICATED THAT IT WOULD TRY CROISSANT ONLY ON THE CHARGE FOR WHICH HE WAS SPECIFICALLY EXTRADITED. THE ACTIONS OF THE GOVERNMENTS INDICATES THAT DEMOCRATIC STATES SEEKING TO DEVISE EFFECTIVE MEANS OF DEALING WITH TERRORISTS NEED NOT RESORT TO SEVERE TACTICS. FOOTNOTES ARE PROVIDED. (TWK)