The extraditability of corruption offenders: An analytical study in light of international law and national legislations
Keywords:
corruption, extradition, international cooperation, offendersAbstract
The extradition of corruption offenders constitutes one of the mechanisms of international judicial cooperation in the fight against corruption. However, its practical implementation faces numerous legal and procedural challenges, such as the divergence in the legal characterization of corruption among national systems, the existence of extradition bars due to the political nature of the offense, and the absence of the principle of dual criminality between the requesting and the requested states. This study aims to clarify the legal and theoretical frameworks of extradition and to identify the key general principles governing it. Additionally, it analyzes the legal nature of corruption offenses in order to determine their classification among extraditable crimes. The study concludes that corruption offenses are indeed subject to extradition, provided that the conditions for such a procedure are met and in the absence of any contrary provision in bilateral agreements.
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References
The Holy Quran
Verse 41, Surah Ar-Rum.
Legal Texts
1. Ordinance No. 66-155 of 8 June 1966 on the Code of Criminal Procedure, as amended and supplemented.
2. Presidential Decree No. 21-166 of 25 April 2021 ratifying the Extradition Treaty between Algeria and France.
3. Canada Extradition Act, SC 1999, c. 18.
International Conventions
1. Riyadh Arab Agreement for Judicial Cooperation, signed on 6 April 1983.
2. European Convention on Extradition, signed in Strasbourg on 13 December 1957.
3. United Nations Convention against Transnational Organized Crime, 15 November 2000.
4. African Union Convention on Preventing and Combating Corruption, 11 July 2003.
5. Rome Statute of the International Criminal Court, 17 July 1998.
6. International Covenant on Civil and Political Rights.
7. Arab Convention against Corruption, issued by the League of Arab States, 2010.
Books
1. Mohamed Hzeit, Mechanisms for Combating Corruption Crimes in Algerian Legislation, Belkess Publishing House, Algiers, First Edition, 2023.
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6. Suleiman Abdel Moneim, Procedural Aspects of the Legal System for Extradition – A Comparative Study, University House, Alexandria, 2007.
Academic and Peer-Reviewed Articles
1. Belkacem Brichi, Mohamed Si Nacer, "International Cooperation in the Field of Extradition: An Analytical Study in Light of International Conventions", Al-Mustaqbal Journal for Legal and Political Studies, University Center of Aflou, Vol. 04, No. 01, June 2020.
2. Mohamed Ahmed Abdel Rahman Taha, "Definition of the Extradition System and Its Distinction from Similar Systems", Quarterly Journal, No. 06, February 2010.
3. Lakhdari Abdelhaq, "The Principle of Extradition and Its Role in Implementing International Criminal Law Rules", Al-Bahith Journal for Academic Studies, Vol. 06, No. 01, 2019.
4. Sabah Abdelrahim, Yazid Belabel, "The Extradition System between International Cooperation Requirements and the Justifications of Criminal Immunity", International Journal for Legal and Political Research, Vol. 08, No. 02, 2024.
5. Mohamed Zaid Al-Anid, Leila Asmani, "Conditions of Extradition in the Algerian Legal System", Journal of Judicial Ijtihad, Vol. 13, No. 01, 2021.
6. Faiza Belal, "Basic Conditions Related to the Crime in the Extradition System", Algerian Journal of Law and Justice, Vol. 03, No. 01, 2017.
7. Lakhdar Al-Qaizi, "Substantive Conditions for Extradition", Journal of Human Sciences, University of Oum El Bouaghi, Vol. 7, No. 02, 2020.
8. Mohamed Hamad, Mohamed Abbas, "The Phenomenon of Financial and Administrative Corruption and Its Role in Iraqi Economic Performance after 2003", Al-Muhaqiq Al-Hilli Journal for Legal and Political Sciences, University of Babylon, Iraq, Issue 3, 2016.
9. Redouane Doudah, "Administrative Corruption: Concept, Manifestations, and Solutions", Journal of Law and Human Sciences – Economic Studies, University of Ziane Achour, Djelfa, 2014.
10. Abdelrahman Ben Nacib, "The High Authority for Transparency and Anti-Corruption in Light of Law 22-08", Journal of Law and Human Sciences, University of Ziane Achour, Djelfa, Vol. 15, No. 03.
11. Radhi Mohammed Ali, "International Methods to Combat Corruption Crimes", Ibn Khaldoun Journal for Studies and Researches, Vol. 3, Issue 5, 2023.
Academic Theses and Reports
1. Houria El-Saghiour et al., General Rules of Extradition, Ibn Zohr University, Academic Year 2019–2020.
Press Articles / Online Sources
1. Nawara Bachouche, "Abdelmoumen Khalifa Sentenced to 18 Years in Prison", available on : Echorouk Online
2. "French Judiciary Refuses to Extradite Former Tunisian President Ben Ali's Brother-in-law", available on. : Le Monde.
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