The successful operation of international extradition agreements requires good faith and fairness from sovereign states in their dealings with one another. Fraud in the performance of treaty obligations derogates the underlying norms of international public order. If sovereign states are to trust one another in discharging their mutual obligations under any treaty, some body of imperative norms-the violation of which is actionable by the victimized sovereign-is necessary. However, while international extradition treaties impose reciprocal obligations on sovereign states, remedies for the violation of these assumed norms are deficient. This comment highlights the potential for abuse of international extradition agreements through fraud and the injustice resulting from the lack of adequate remedies for such abuse.
John J. Privitera,
Toward A Remedy for International Extradition by Fraud: The Case of Leonard Peltier,
Yale L. & Pol'y Rev.
Available at: https://digitalcommons.law.yale.edu/ylpr/vol2/iss1/3