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

Section 5 IRG makes clear that extraditions are granted only to the extent that they are made possible by a treaty or — in the absence of a treaty — by an express assurance of reciprocity. In the granting procedure, the Federal Ministry of Justice examines whether the requirements of reciprocity are met.

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 lacking, the extradition may be refused.

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