Political Offenses as a Bar to Extradition

Principle

Under Section 6(1) IRG, extradition for a political offense is not admissible. This reflects a centuries-old principle of extradition law, which is also enshrined in Article 3 of the European Convention on Extradition (Europäisches Auslieferungsübereinkommen, EuAlÜbk). Protection against prosecution for political convictions is part of the core of extradition law under the rule of law.

Concept of a political offense

The statute does not define the term exhaustively. In practice, a distinction is drawn between purely political offenses (e.g. high treason, lèse-majesté) and relative political offenses, in which an ordinary offense (e.g. bodily harm) coincides with a political motive. For the latter, a balancing exercise must be carried out — the political character must predominate.

Exceptions — assassination clause

Section 6(2) IRG contains an important exception: politically motivated attacks on a person's life are not regarded as political offenses and are therefore extraditable. Likewise, terrorism and war crimes do not fall under the protection of Section 6 IRG; in this respect there are special rules in multilateral law (e.g. the European Convention on the Suppression of Terrorism).

Distinction from political persecution

Section 6 IRG protects the perpetrator of a political offense from extradition. This must be distinguished from the situation of a politically persecuted person who has committed an ordinary offense — here Section 6 does not apply, but Article 3 ECHR or the protection against political persecution under Section 6a IRG may.

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