Reciprocity in Extradition Law

Definition

In classic extradition law, the principle of reciprocity means that a state agrees to an extradition only if the requesting state is, for its part, willing to extradite under comparable circumstances. It is a fundamental principle of international law and serves to ensure fairness between states.

Relevance under the IRG

Where no extradition treaty exists, Section 5 IRG requires reciprocity to be assured: extradition is permissible only if, on the basis of the assurances given by the requesting state, it can be expected that that state would comply with a comparable German request. Where an extradition treaty exists, its provisions take precedence over the IRG pursuant to Section 1 (3) IRG. Whether reciprocity is assured is examined by the Higher Regional Court as a requirement of admissibility (Section 5 IRG); the necessary assurances of reciprocity are obtained and given at government level — with the involvement of the Federal Ministry of Justice and Consumer Protection (BMJV) and the Federal Foreign Office — through the diplomatic channel.

Distinction from mutual recognition

Reciprocity and mutual recognition are different concepts. Reciprocity in the classic sense means the bilateral willingness to extradite. Mutual recognition in EU law is a structural principle that does not depend on a bilateral arrangement but rests on the common EU legal framework.

Practical relevance

The principle of reciprocity plays a role above all in relations with states that have no extradition treaty. In such cases, the requesting state must provide a diplomatic assurance of reciprocity. If reciprocity is not assured, extradition is inadmissible under Section 5 IRG.

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