Extradition Law Glossary
Reciprocity in Extradition Law
Last updated: July 2026
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Last updated: July 2026
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.
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.
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.
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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