Statement of Stephen S Trott on November 5, 1985 Concerning the 1985 Supplementary Treaty to the 1972 United States-United Kingdom Extradition Treaty

• NCJ Number: 99844
• Author(s): S S Trott
• Date Published: 1985
• Length: 6 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

The 1985 Supplementary Treaty to the 1972 United States-United Kingdom Extradition Treaty is necessary to remove from the purview of the political offense exception certain terroristic crimes.

Abstract

American courts have uniformly construed 'political offenses' (exempt from extradition) to mean those that are incidental to severe disturbances such as war, revolution, and rebellion. In recent years, four cases involved United Kingdom requests for the extradition of Provisional Irish Republican Army members charged or convicted of terroristic crimes. In each case, the fugitive claimed that the unsettled social situation in Northern Ireland constitutes a war, revolution, or rebellion, thus making the charged offenses political offenses exempt from extradition. In a departure from established case law regarding political offenses, U.S. courts have accepted this argument in all four cases. The Supplementary Treaty would reduce any further aberrations in American jurisprudence concerning the political offense exception and prevent terrorists from finding a safe haven in either the United States or the United Kingdom. The Supplementary Treaty would not otherwise change the current extradition procedure.