Extradition of Criminals and Its Implementation with an Emphasis on the Afghan Extradition Law

Abstract

Extradition of criminals is a prominent example of international judicial cooperation, which is based on various foundations such as international treaties, custom and international practice, domestic laws, and general principles of law. It is carried out politically, judicially, and through mixed methods. To better implement this rule and institutionalize it, the legislators of countries and international procedures have considered conditions and principles such as non-extradition of nationals, political and military criminals, double criminality, respecting the rights of suspects and defendants, international conventions, the principle of specialty, prohibition of double jeopardy, etc. Afghanistan's legislator has approved the law in this regard and has concluded extradition agreements with various countries, including the United Arab Emirates, Tajikistan, and Iran. This research aims to explore the state of extradition of criminals in Afghanistan and identify its foundations, extradition methods, conditions, and general principles according to the Afghan Extradition Law, judicial cooperation of the Afghan government, and the extradition agreement between Afghanistan and the United Arab Emirates and the Islamic Republic of Iran. It appears that Afghanistan's extradition system is semi-judicial and semi-political-administrative.