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NCJ Number: 63531 Find in a Library
Title: PRESENT STATUS OF POLITICAL OFFENSES IN THE LAW OF EXTRADITION AND ASYLUM
Journal: UNIVERSITY OF PITTSBURGH LAW REVIEW  Volume:14  Dated:(1952-1953)  Pages:371-396
Author(s): M R GARCIA-MORA
Corporate Author: University of Pittsburgh
School of Law
United States of America
Date Published: 1953
Page Count: 26
Sponsoring Agency: University of Pittsburgh
Pittsburgh, PA 15260
Format: Article
Language: English
Country: United States of America
Annotation: LEGAL DOCTRINES CONCERNING POLITICAL OFFENSES AND THE PRINCIPLE WHEREBY POLITICAL OFFENDERS HAVE BEEN TRADITIONALLY EXEMPTED FROM INTERNATIONAL EXTRADITION ARE CRITICALLY EXAMINED.
Abstract: ALTHOUGH THE NONEXTRADITION OF POLITICAL OFFENDERS HAS HAD AN IMPORTANT PLACE IN PUBLIC LAW, THIS PRINCIPLE MAY HAVE BEEN NARROWED THROUGH THE MODIFICATIONS TO INTERNATIONAL LAW. THE PRINCIPLE OF NONEXTRADITION DEVELOPED DURING THE 19TH CENTURY AS A COROLLARY TO THE MORAL RIGHT OF INDIVIDUALS TO REBEL AGAINST TYRANNY. THOSE POLITICAL REBELS WHO DID NOT MANIFEST AN 'EXTRAORDINARY WICKEDNESS' WERE ENTITLED TO FIND REFUGE IN FOREIGN COUNTRIES IF THEIR REVOLUTIONS FAILED. GRANTING OF ASYLUM TO REFUGEES BECAME AN INTEGRAL PART OF NATIONS' DUTY TO PROTECT HUMAN RIGHTS, BUT THE DEMARCATION BETWEEN POLITICAL OFFENDERS AND COMMON CRIMINALS HAS NEVER BEEN SIMPLE. AMERICAN AND EUROPEAN COURTS HAVE TRADITIONALLY REFUSED TO EXTRADITE OFFENDERS WHOSE CRIMES WERE DIRECTED AT SECURING FUNDAMENTAL LEGISLATIVE REFORMS OR WERE PART OF POLITICAL DISTURBANCES. THE PRIVILEGE OF ASYLUM HAS FREQUENTLY BEEN DENIED FOR OFFENDERS WHO HAVE COMMITTED MURDER OR ASSASSINATION, ALTHOUGH SOME COUNTRIES RECOGNIZE THAT THE KILLING OF A TYRANT MAY BE A JUSTIFIABLE COURSE OF CONDUCT IN AN OPEN REBELLION. TREATIES AND CONVENTIONS OF THE 20TH CENTURY FREQUENTLY EXEMPT ANARCHISTS AND TERRORISTS FROM THE PROTECTION OF POLITICAL ASYLUM, RECOGNIZING THE RISKS TO DEMOCRATIC SOCIETIES POSED BY SUCH OFFENDERS. PROVISIONS FOR EXTRADITION HAVE ALSO BEEN APPLIED SINCE WORLD WAR II TOWARDS WAR CRIMINALS AND OFFENDERS OF INTERNATIONAL AGREEMENTS. NEVERTHELESS, SOME DEGREE OF ASYLUM MUST BE RETAINED FOR THE CONTINUED PROTECTION OF LEGITIMATE POLITICAL REFUGEES. FOOTNOTES ARE PROVIDED. (TWK)
Index Term(s): International agreements; International extradition; International law; Legal doctrines; Political asylum; Political offender nonextradition; Political offenders
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63531

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