These countries can be sanctuaries for criminals, but also refuges for those fleeing political persecution. In non-extradition countries, asylum seekers can live without fear of being forcibly returned to face imprisonment or torture in their home country. For further insight, explore our expert extradition lawyers’ writings on how a red notice can lead to extradition.
How extradition treaties work
Extradition treaties govern extraditions between countries, specifying crimes eligible for extradition. For example, during the Vietnam era, the U.S. couldn’t extradite draft evaders from Canada as their treaty didn’t classify draft evasion as an extraditable offense. However, crimes like burglary and arson were included, allowing U.S. law enforcement to request the apprehension of suspects by Canadian authorities. These treaties also outline the procedures for requesting and executing extraditions.
Extradition treaties vary between countries
For example, a U.S. treaty with Canada doesn’t apply to Mexico, requiring a separate treaty. The U.S. has treaties with 107 countries, but these differ from those of other nations like France, China, and Russia. Consequently, the list of countries without extradition varies depending on the primary country concerned.
Countries without extradition
International relations and law enforcement often result in countries lacking extradition treaties, making them potential refuges for fugitives. For example, the U.S. and China have no extradition treaty, so individuals sought by the U.S. cannot be extradited from China. Disputes over extradition can arise even in countries with treaties due to geopolitical or legal issues. Some countries, like Ecuador and Switzerland, often refuse extradition requests despite having treaties, while Spain and Yemen may return fugitives without a treaty.
Typically, extradition is more feasible with a treaty, but diplomatic relations can also enable it, albeit less likely. The least likelihood of extradition is when there is no treaty or diplomatic relations. However, treaties are not legally binding, allowing any country to grant or deny extradition regardless of treaties or diplomatic ties.
Countries that do not extradite to US
The United States holds extradition treaties with over 100 countries, but several nations lack such agreements, complicating the extradition of criminals or suspects. Countries without U.S. extradition treaties include Afghanistan, Algeria, Andorra, Angola, Armenia, Azerbaijan, Bahrain, Bangladesh, Belarus, Benin, Bhutan, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Comoros, Cuba, Cyprus, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Georgia, Guinea, Guinea-Bissau, Indonesia, Iran, Ivory Coast, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Libya, Madagascar, Maldives, Mali, Mauritania, Moldova, Mongolia, Morocco, Mozambique, Namibia, Nepal, Niger, North Korea, Oman, Palestine, People’s Republic of China, Qatar, Republic of Macedonia, Russia, Rwanda, Saint Martin, Saint Pierre and Miquelon, Saudi Arabia, Senegal, Siachen Glacier, Solomon Islands, Somalia, South Sudan, Sudan, Syria, São Tomé and Príncipe, Taiwan, Tajikistan, Togo, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vatican City, Vietnam, Western Sahara, and Yemen. Reasons for the lack of treaties include political tensions, human rights concerns, or differences in legal systems.
Countries that do not extradite to UK
Countries like Afghanistan, Algeria, Iraq, Lebanon, Libya, North Korea, Somalia, and Syria lack extradition agreements with the UK, preventing the UK from legally extraditing individuals to these nations. Reasons include diplomatic disconnects or concerns about the fairness of these countries’ legal systems. The UK often refrains from extraditing to countries practicing capital punishment, making the UK a potential refuge for those pursued by law enforcement in these countries. However, this doesn’t ensure immunity, as the UK evaluates extradition requests individually.
Cases of Non-Extradition
Edward Snowden, a former US National Security Agency contractor, leaked classified information about global surveillance programs. He sought asylum in Russia, a country without an extradition treaty with the US, and remains there.
Carlos Ghosn, former chairman of the Nissan-Renault-Mitsubishi alliance, faced financial misconduct charges in Japan. He escaped to Lebanon, which lacks an extradition treaty with Japan, and is currently outside Japanese law enforcement’s reach.
Kim Dotcom, founder of the file-sharing website Megaupload, faced U.S. extradition requests for copyright infringement and racketeering. He successfully contested these in New Zealand’s courts, avoiding extradition.
These cases highlight the complexities of legal challenges, diplomatic negotiations, and political considerations in extradition matters. Extradition decisions depend on specific circumstances, involved countries, and legal frameworks. Refuge in a non-extradition country doesn’t guarantee immunity, as political and diplomatic changes can affect extradition decisions.
