Critical review of the principle of extradition and the prohibition of extradition of political refugees

Abstract

The principle of extradition is considered one of the important principles upon which any criminal legal system is based, as it is an extension of the authority of the national judiciary outside territorial borders. However, the legal systems have approved many exceptions to this principle, the most important of which is the non-extradition of a political refugee, as most constitutions stipulate the prohibition of extradition. This surrender relates to the status of a political criminal. In this research, we address the purpose and basis for which this exception was mentioned in constitutions and international agreements related to extradition, as well as the Code of Criminal Procedure, and we analyze this issue within the framework of the Libyan legal system, in the constitutional charters from 1951 AD to 2011 AD