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(1) sentence 2 IRG contains an important exception: extradition is admissible if the person sought is being prosecuted for, or has been convicted of, completed or attempted genocide, murder or manslaughter, or of participation in such an offense. Likewise, terrorism and war crimes as a rule 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 it is not the prohibition on extradition for political offenses (Section 6(1) IRG) that applies, but the bar on extradition in the event of threatened political persecution under Section 6(2) IRG and, where applicable, Article 3 ECHR.

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