Crimes Excluded from the Extradition Process in Accordance with National Legislation and International Agreements

Abstract

This study briefly touched on the crimes excluded from the extradition process in accordance with national legislation and some international conventions, so that there is almost international consensus on this exception based on the texts contained in those national legislations and international conventions concerned with some international crimes, which indicated that these crimes are not extradited as an exception. We see that they are crimes in which the exception should not have remained extended during the past centuries and until now, given the similar atrocities and brutalities towards human beings and their rights, after this exception had its logical reasons in the past, but now many crimes have been committed by politicians And the military leaders who took advantage of this exception, and therefore the time has come for there to be national and international reviews in the legislation that prohibits this extradition, so that the criminal gets the punishment he deserves. Guarantees can be put in place to ensure respect for human rights, whether for the accused as innocent until proven guilty or for the affected victims, and as long as states show their good intentions, the issue of considering canceling this exception or easing some restrictions regarding the extradition process will have positive consequences for the local and international community as a whole. This is what the International Law Committee of the United Nations General Assembly should do in order for the rules that it will come up with to start amending the international agreements that prohibit this extradition to the national rules of the member states, so that these obstacles can be overcome if there are sincere intentions on the part of the states and that To fight crime wherever it occurs, especially since the impact of crime has become a threat to everyone, after the whole world, thanks to technology, has become a miniature village. Unfortunately, the major countries still take advantage of this exception because they realize that committing these crimes does not occur within their borders, but rather within the borders of third world countries that do not enjoy any democratic systems, as these ruling leaders in third world countries come based on the desires of the major countries that later give them an opportunity Surviving with their actions and without taking any responsibility when they flee to it. This study aimed to identify the reality of these international crimes that are excluded from the extradition process, as well as to identify the rules of international and national law that emphasize this exception. Politics and the military and had negative effects on the international community as a whole. Therefore, the researcher recommends that the United Nations consider with responsibility the effects caused by these crimes on human rights and the society in which he lives, and contribute to the abolition of the exception provided for every criminal to receive his punishment without mercy, while putting in place adequate guarantees to respect and guarantee the rights of the accused and those affected by these crimes.