Principles Concerning Priority of Extradition for Core Crimes

This chapter examines the rules on the conflict and priority of extradition/surrender obligations in relation to international crimes and considers how the seriousness/gravity of the crimes in question is considered in determining the destination of extradition/surrender. The international system based on extradition treaties can be classified into four types of systems: bilateral, regional, universal, and vertical, from the viewpoint of the relationship with the other Party of the obligation. Since these extradition systems impose multilayered obligations, States may receive extradition requests from several other States under separate extradition systems. Conflicting extradition requests for the same offence have been disciplined mainly by placing provisions giving discretion to the requested State. On the other hand, conflicts between extradition requests for different offences are regulated by priority provisions, such as giving priority to earlier requests or extradition requests for more serious offences, and by discretionary provisions giving the requested State the discretion to decide. The gravity of the crime contained in these coordination provisions is debatable in various situations and can have two meanings: the gravity of the criminal act in terms of the scale, nature, manner and impact, and the seriousness of the nature of the concept of the crime.