The resurrection of the political offence exception to extradition in UK law.

Arnell, Paul; Walker, Clive

Abstract

The resurrection of the political offence exception to extradition in UK law would be worthwhile. Once providing protection to persons sought for offences of a political character, the exception was removed from UK law in 2004. A number of factors weigh in favour of its reintroduction. Those relevant at the time of its development in the 19th century have become increasingly relevant again, supporting contemporary considerations. The cases of Julian Assange and Clara Ponsati illustrate the need for reintroduction. A new exception, a 'constitutionalism bar', founded upon the rule of law, human rights and democracy could protect the foundations of modern liberal democracies as well as individuals at risk of persecution.

Citation

ARNELL, P. and WALKER, C. 2024. The resurrection of the political offence exception to extradition in UK law. New journal of European criminal law [online], 15(4), pages 412-431. Available from: https://doi.org/10.1177/20322844241290613

• Journal Article Type: Article
• Acceptance Date: Oct 4, 2024
• Online Publication Date: Oct 4, 2024
• Publication Date: Dec 31, 2024
• Deposit Date: Oct 7, 2024
• Publicly Available Date: Oct 7, 2024
• Journal: New journal of European criminal law
• Print ISSN: 2032-2844
• Electronic ISSN: 2399-293X
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 15
• Issue: 4
• Pages: 412-431
• DOI: https://doi.org/10.1177/20322844241290613
• Keywords: Extradition; International law; Criminal cooperation; Political offence exception; United Kingdom
• Public URL: https://rgu-repository.worktribe.com/output/2515569