nonextraditable

Nonextraditable is an adjective used to describe a person or matter that is not subject to extradition to another jurisdiction. In international law, extradition is the formal surrender of a person from one state to another to face criminal charges. A designation of nonextraditable indicates that surrender is not permitted under applicable law, treaty, or policy.

The term arises in several contexts. Extradition treaties often carve out nonextraditable categories, such as political offenses, crimes that do not constitute an offense in the requested state (or that fail the dual criminality requirement), or offenses for which the requesting state cannot provide sufficient assurance of fair trial or humane treatment. National laws or treaty provisions may also bar extradition for reasons related to nationality, diplomatic immunity, or risk of torture or the death penalty. In practice, a person or case labeled nonextraditable means that authorities in the requested state will not surrender the individual to the other state for prosecution or punishment.

Nonextraditable does not equate to immunity from prosecution. A person who is nonextraditable may still be prosecuted domestically for offenses under the receiving state’s law, or for other charges, and they may face different legal processes within their own jurisdiction. The concept highlights the balance between international cooperation on crime and respect for constitutional, human rights, and sovereignty concerns.

See also: extradition, dual criminality, political offense, diplomatic immunity, asylum.