Extradition Treaty — Overview

Principle

Extradition between states requires either a treaty basis or a willingness to extradite without a treaty on the basis of reciprocity (Section 5 IRG). As a rule, Germany grants extradition only on a secured legal basis.

Most important sources

EU Framework Decision 2002/584/JHA (EAW): applies between all EU member states. The fastest instrument. European Convention on Extradition (EuAlÜbk) 1957: applies between the 46 Council of Europe states — including Turkey, Switzerland, Norway, and Ukraine. Bilateral treaties: Germany has extradition treaties with, among others, the USA, Australia, and Canada. Israel — like South Korea and South Africa — has acceded to the European Convention on Extradition (EuAlÜbk) as a non-Council-of-Europe state. Extradition without a treaty: possible, but rare — at the discretion of the BfJ.

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