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POLITICAL OFFENSE EXEMPTION IN INTERNATIONAL EXTRADITION - A COMPARISON OF THE UNITED STATES, GREAT BRITAIN AND THE REPUBLIC OF IRELAND

NCJ Number
41554
Journal
Marquette Law Review Volume: 60 Issue: 3 Dated: (1977) Pages: 777-824
Author(s)
C L CANTRELL
Date Published
1977
Length
48 pages
Annotation
THE ARTICLE DEALS WITH ONE OF THE CENTRAL SUBJECTS IN THE INTERNATIONAL EXTRADITION PROBLEM -- THE POLITICAL OFFENDER.
Abstract
TRADITIONAL DEFINITIONS OF POLITICAL OFFENSES AND POLITICAL OFFENDERS HAVE BEEN FOUND TO BE INAPPROPRIATE FOR DEALING WITH THE TERRORISM THAT THE INTERNATIONAL POLITICAL OFFENDERS SOMETIMES PRODUCE. THE POLITICALLY ORIENTED TERRORIST HAS BEEN ONE OF THE TARGETS OF RECENT TREATIES AND ENACTMENTS IN IRELAND, GREAT BRITAIN, AND THE UNITED STATES. THIS ARTICLE'S COMPARISON OF THE DOMESTIC LAWS REGARDING THE POLITICAL OFFENSE EXEMPTION IN EXTRADITION IS ORGANIZED IN THREE SECTIONS. THE FIRST SECTION DISCUSSES THE POLITICAL OFFENDER'S GENERAL POSITION IN INTERNATIONAL EXTRADITION. THE SECOND SECTION TRACES THE HISTORICAL DEVELOPMENT OF EACH NATION'S CASE AND STATUTORY LAW UP TO ITS PRESENT STATUS. FINALLY, THE RECENT DEVELOPMENTS IN THE THREE COUNTRIES IN REGARD TO NEW LEGISLATION AND RENEGOTIATED TREATIES IS DISCUSSED. EMPHASIS IS PLACED ON THE ELUSIVE DEFINITION OF POLITICAL OFFENSE IN THESE JURISDICTIONS. THE APPENDIX CONTAINS A LIST OF UNITED STATES EXTRADITION TREATIES THAT ARE IN FORCE. (AUTHOR ABSTRACT)...KAP