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US Extradition: Which Countries Have No Treaty?

Posted by Espatriati on April 3, 2023
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Are You In Some Legal Trouble? Here’s What You Need To Know.

As the world becomes increasingly interconnected, the long arm of the law often extends beyond national borders. For individuals who find themselves in a precarious legal situation and are seeking to avoid extradition to the United States, it is essential to understand the complexities of the extradition laws. This article aims to provide an overview of extradition treaties, explore countries without extradition agreements with the US and offer insights into the factors that may impact extradition decisions.

Understanding Extradition Treaties

Extradition is the formal process by which one country requests another to return an individual accused or convicted of a crime. The US has extradition treaties with over 100 countries, which are designed to facilitate cooperation between governments in prosecuting criminals. These treaties often contain provisions outlining specific offenses that warrant extradition and may impose conditions on the extradition process.

Dual Criminality and Extradition

One key factor in the extradition process is the concept of dual criminality, which requires that the alleged offense be considered a crime in both the requesting and the requested country. If the country in which an individual is seeking refuge does not recognize the offense as a crime, it may be less likely to comply with an extradition request from the United States. However, this is not a guarantee, as countries can still choose to cooperate in certain cases.

Political Offenses and Asylum Claims

Certain offenses, such as those deemed to be political in nature, may provide grounds for a country to refuse an extradition request. Similarly, an individual who can demonstrate a well-founded fear of persecution in the United States may seek asylum in another country. It is important to remember that the criteria for political offenses and asylum claims vary by country, and success in these avenues is not guaranteed.

Personal Considerations and Risks

While it may be tempting to flee to a country without an extradition treaty with the United States, doing so carries significant risks. Evading justice can lead to a host of personal and legal challenges, including difficulties obtaining employment, housing and healthcare. Moreover, individuals attempting to avoid extradition may face arrest, deportation, or even extradition from the country in which they are seeking refuge.

So What’s The Best Approach?

Seeking refuge in another country is a complex and risky endeavor. While there are countries without formal extradition agreements with the United States, protection is not guaranteed, and the consequences of attempting to evade justice can be severe. Individuals considering this path should be aware of the legal intricacies, weigh the risks, and consult with a knowledgeable attorney before making any decisions.

Which countries have no treaty for extradition with the US?

Afghanistan
Algeria
Andorra
Angola
Armenia
Azerbaijan
Bahrain
Bangladesh
Belarus
Benin
Bhutan
Bosnia and Herzegovina
Brunei
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad
China
Comoros
Democratic Republic of the Congo
Djibouti
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Georgia
Guinea
Guinea-Bissau
Indonesia
Ivory Coast
Kazakhstan
Kosovo
Kuwait
Kyrgyzstan
Laos
Lebanon
Libya
Macedonia
Madagascar
Maldives
Mali
Marshall Islands
Mauritania
Micronesia
Moldova
Mongolia
Montenegro
Morocco
Mozambique
Myanmar
Namibia
Nepal
Niger
North Korea
Oman
Pakistan
Palau
Papua New Guinea
Qatar
Russia
Rwanda
Samoa
São Tomé and Príncipe
Saudi Arabia
Senegal
Serbia
Solomon Islands
Somalia
South Sudan
Sri Lanka
Sudan
Suriname
Swaziland (Eswatini)
Syria
Taiwan
Tajikistan
Tanzania
Togo
Tunisia
Turkmenistan
Uganda
Ukraine
United Arab Emirates
Uzbekistan
Vanuatu
Vietnam
Yemen
Zambia
Zimbabwe

There are some famous cases of those facing prosecution from US authorities finding refuge in some unexpected places. The two that you might find the most familiar are with Edward Snowden (headed to Hong Kong first, then landed in Russia where he now lives and recently became a citizen), and Julian Assange (who holed-up in the Ecuadoran embassy in London where he lived for years while trying to find a legal option to leave the premises).

If you DO find yourself in some dire situation where the only option seems to be to hide somewhere, it is also wise to consider how the political winds are blowing. Is the US friendly with this country, or have they recently had a public spat of some sort? That sort of thing is not perfect, but it might be a good guide. Besides giving you a good idea about where you might receive asylum, it could also give you an idea of where to avoid because you could be used as a political pawn.

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