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In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 gunboat extradition of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role.
Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.
List of contents
Introduction: Importance of International Extradition
The Problem: The International Extradition of CriminalsProblems with International Extradition
Extradition May Not Offer a Solution
When International Agreement Fails: Extralegal Alternatives to Extradition
The International Court of Justice: An Underutilized International ForumHistorical Development of the International Court of Justice
Purpose, Structure, and Composition of the International Court of Justice
An Underutilized International Forum
Toward a Resolution: New Role for the International Court of JusticeThe International Court of Justice as and International Crimes
The Model
Establishing the Jurisdiction of the International Court of Justice Over State Transnational and International Crimes
Appendixes
Bibliography
Index
About the author
BARBARA M. YARNOLD is Assistant Professor of Public Administration at Florida International University in Miami. She is the author of five books, including most recently,
Politics and the Courts (Praeger, 1992) and
The Role of Religious Organizations in Social Movements (Praeger, 1991).
