INTERNATIONAL LAW
EXTRA CREDIT – Deportation and Extradition
The procedures for deportation and extradition are regulated by various legal instruments,
including domestic laws, bilateral treaties, and multilateral agreements. These frameworks
establish the conditions under which individuals can be deported or extradited, outline their
rights during the process, and define the responsibilities of the sending and receiving countries.
While legal standards may vary across jurisdictions, most countries recognize the importance of
ensuring due process, protecting individual rights, and subjecting deportation and extradition
decisions to judicial review.
Deportation and extradition often intersect with fundamental human rights principles,
such as the right to a fair trial, the prohibition of torture and inhumane treatment, and the right to
seek asylum from persecution. Human rights organizations closely monitor deportation and
extradition practices to ensure compliance with international legal standards and to prevent the
violation of individuals’ rights. Concerns may arise when individuals facing deportation or
extradition are at risk of persecution, torture, or other forms of harm in the receiving country, or
when they lack access to legal representation and due process. Deportation and extradition
processes can be contentious and politically sensitive, particularly in cases involving high-profile
individuals or those with complex legal and immigration histories. Challenges may arise when
countries have differing legal standards or when there are doubts about the fairness and
impartiality of the judicial system in the receiving country. Additionally, the misuse of
deportation and extradition for political persecution or repression can undermine trust in the rule
of law and international cooperation.
Deportation and extradition share similarities as they both involve the involuntary
movement of individuals from one country to another. These processes are conducted with the
involvement and coordination of the respective governments. Deportation and extradition are
regulated by specific laws, treaties, and agreements established between countries. Although
both entail the transfer of individuals across borders, deportation primarily pertains to
immigration matters, while extradition is a legal process related to criminal justice and is
governed by international agreements between nations.
Deportation
Reason for transfer Deportation is the expulsion of a non-citizen
from a country, usually due to their illegal
presence, violation of immigration laws, or
posing threat to national security.
INTERNATIONAL LAW
EXTRA CREDIT – Deportation and Extradition
Legal basis It is generally based on a country’s domestic
immigration and criminal laws.
Country destination In deportation, the individual is typically sent
back to their country of origin or last country
they resided in.
Due process The proceedings tend to be more
administrative in nature, with fewer
procedural protections compared to
extradition.
Reciprocity Deportation is generally a unilateral decision
by the deporting country.
Extradition
Reason for transfer Extradition is the surrender of an individual,
typically a criminal, from one jurisdiction to
another where they are wanted for prosecution
or to serve a sentence.
Legal basis It is based on bilateral or multilateral
extradition treaties between countries.
Country destination In extradition, the individual is transferred to
the requesting country that has issued an
arrest warrant or has a pending criminal case
against them.
Due process The proceedings usually involve more
rigorous judicial oversight and opportunities
for the individual to challenge the extradition
request.
Reciprocity Extradition is based on the principle of
reciprocity, where countries agree to surrender
individuals to each other under the terms of
the extradition treaty.
Deportation and extradition procedures have significant implications in upholding law
and order, enforcing immigration regulations, and combating transnational criminal activities.
Nonetheless, it is crucial that these processes adhere to legal principles, respect human rights
standards, and provide procedural fairness. By ensuring due process, safeguarding individual
rights, and promoting international collaboration, countries can ensure that deportation and
extradition contribute to justice, security, and the preservation of human dignity globally.
INTERNATIONAL LAW
EXTRA CREDIT – Deportation and Extradition
The Philippines may only grant extradition pursuant to a treaty or convention. Countries
which have extradition treaty with the Philippines are:
1. Australia
2. Canada
3. China
4. Hong Kong Special Administrative Region
5. India
6. Indonesia
7. Korea
8. Micronesia
9. Russia
10.Spain
11.Switzerland
12.Thailand
13.UK
14.US
References
Difference between Deportation and Extradition | | Greenville, NC. Diener Law.
https://dienerlaw.net/difference-between-deportation-and-extradition/
Extradition, expulsion, deportation and refoulement | Icelandic Human Rights Centre. (n.d.).
Icelandic Human Rights Centre.
https://www.humanrights.is/en/human-rights-education-project/comparative-analysis-of-s
elected-case-law-achpr-iachr-echr-hrc/the-right-to-freedom-from-torture-or-cruel-inhuman-or-de
grading-treatment-or-punishment/extradition-expulsion-deportation-and-refoulement
Kiani, Z., & Purkhaghan, Z. (2016). Deportation and Extradition from an International
Perspective. Journal of Politics and Law, 10(1), 197.
https://doi.org/10.5539/jpl.v10n1p197
https://www.doj.gov.ph/international-legal-cooperation.html
https://centralauthority.kemenkumham.go.id/faqs/extradition
