The U.S.-U.K. Extradition Treaty: Fair, Balanced, and Worth Defending

The 2003 Extradition Treaty between the United States and Great Britain is intensely controversial in the United Kingdom. The treaty resulted from a British process and is a modern and praiseworthy approach to extradition that is based on an objective evidentiary test, requires dual criminality in all cases, and has a proportionality standard. The European Union’s European Arrest Warrant does not have these virtues and therefore urgently needs reform, as does Britain’s participation in the Council of Europe’s European Convention on Extradition and acceptance of the jurisdiction of the supranational European Court of Human Rights. While Anglo–American cooperation on the treaty and on extradition and international criminal justice can be improved, the 2003 U.S.–U.K. Extradition Treaty is fair, balanced, and worth defending.

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