The law of extradition in the Republic of Ireland includes legislation and case law, and gives effect to treaties.
Extradition Acts 1965 to 2012[edit]
The Extradition Acts 1965 to 2012 is the collective title of the Extradition Act 1965, the Extradition (European Convention on the Suppression of Terrorism) Act 1987,[1] the Extradition (Amendment) Act 1987,[2] the Extradition (Amendment) Act 1994,[3] the Extradition (European Union Conventions) Act 2001,[4] and the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012.[5]
Countries and places[edit]
Countries and places to which Part II of the Extradition Act 1965 applies include Australia,[6] the Hong Kong Special Administrative Region,[7] the Republic of Kosovo,[8] the United States of America,[9] the countries listed in Part A of Schedule 3 to the Extradition (European Convention on Extradition) Order 2019,[10] and, in certain cases, the Federative Republic of Brazil.[11] The extradition treaty with Hong Kong was suspended in 2020.[12][13][14][15][16]
Part II of the Extradition Act 1965 also applies to certain countries for offences against:
- The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973)[17]
- The Convention on the Physical Protection of Nuclear Material (1979)[18]
- The International Convention against the Taking of Hostages (1979)[19]
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)[20]
- The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)[21]
- The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)[22]
- The Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988)[22]
- The Convention on the Safety of United Nations and Associated Personnel (1994)[23]
- The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)[24]
- The International Convention for the Suppression of Terrorist Bombings (1997)[25]
- The Criminal Law Convention on Corruption (1999)[26]
- The International Convention for the Suppression of the Financing of Terrorism (1999)[27]
- The Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1999)[28]
Exceptions[edit]
The exception for political offences includes the concept of connexity.[29]
History[edit]
The Extradition Act 1870 was repealed by the Extradition Act 1965.
The Extradition Act 1965 gave effect to the European Convention on Extradition.[30]
References[edit]
- Michael Forde. Extradition Law in Ireland. The Round Hall Press. 1988. Google Books.
- Andrew Phelan, "The Republic of Ireland and Extradition" (1956) 106 The Law Journal (New Series) 39 (No 4695, 20 January 1956)
- "Extradition". Annual Review of Irish Law 1990. p 211 to 222
- "Extradition". Annual Review of Irish Law 1991. pp 155 to 160
- "Extradition". Annual Review of Irish Law 1992. pp 266 to 267
- "Extradition". Annual Review of Irish Law 1994. p 178.
- "Extradition". Annual Review of Irish Law 1996. pp 244 to 246.
- "Extradition". Annual Review of Irish Law 1998. p 199.
- "Extradition". Annual Review of Irish Law 1999. p 135.
- "Extradition". Annual Review of Irish Law 2000. pp 129 to 131.
- "Extradition". Annual Review of Irish Law 2003. p 217
- Paul O'Higgins, "The Irish Extradition Act 1965" (1966) 15 International and Comparative Law Quarterly 369 (No 2, April 1966) [1]
- Hogan, "The Extradition (Amendment) Act, 1987" [1987] Irish Current Law Statutes Annotated 25/01
- Connolly, "The Extradition (European Convention on the Suppression of Terrorism) Act, 1987" [1987] Irish Current Law Statutes Annotated 1/01
- "Extradition (European Union Conventions) Act 2001". Annual Review of Irish Law 2001. p 194.
- Connelly, "Ireland and the Political Offence Exception to Extradition" (1985) 12 Journal of Law and Society 153 [2]
- ^ The Extradition (European Convention on the Suppression of Terrorism) Act 1987, section 12(2)
- ^ The Extradition (Amendment) Act 1987, section 7(2)
- ^ The Extradition (Amendment) Act 1994, section 17(2)
- ^ The Extradition (European Union Conventions) Act 2001, section 1(2)
- ^ The European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012, section 1(3)
- ^ The Extradition (Australia) Order 2019 (SI 392/2019), article 2
- ^ The Extradition (Hong Kong) Order 2019 (SI 395/2019), article 2
- ^ The Extradition Act 1965 (Application of Part II) Order 2011 (SI 59/2011), article 3
- ^ The Extradition (United States of America) Order 2019 (SI 393/2019), article 2
- ^ The Extradition (European Convention on Extradition) Order 2019 (SI 374/2019), article 3
- ^ The Extradition Act 1965 (Application of Part II) Order 2013 (SI 416/2013), article 3
- ^ Ireland suspends its extradition treaty with Hong Kong. The Globe and Mail. 23 October 2020.
- ^ Ireland suspends extradition treaty with Hong Kong. Reuters. 23 October 2020.
- ^ Conor Gallagher. Ireland suspends extradition treaty with Hong Kong over security law. The Irish Times. 25 and 27 October 2020.
- ^ Brian Mahon. Ireland ends extradition deal with Hong Kong over security law. The Times. 23 October 2020.
- ^ Eoghan Moloney. Ireland suspends extradition treaty with Hong Kong. Independent.ie. 23 October 2020.
- ^ The Extradition (Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents) Order 2019 (SI 389/2019)
- ^ The Extradition (Convention on the Physical Protection Of Nuclear Material) Order 2019 (SI 381/2019)
- ^ The Extradition (International Convention against the Taking of Hostages) Order 2019 (SI 388/2019)
- ^ The Extradition (Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) Order 2019 (SI 386/2019)
- ^ Extradition (United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances) Order 2019 (SI 396/2019)
- ^ a b Extradition (Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and Protocol for the Suppression Of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf) Order 2019 (SI 394/2019)
- ^ The Extradition (Convention on the Safety of United Nations and Associated Personnel) Order 2019 (SI 383/2019)
- ^ The Extradition (Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) Order 2019 (SI 384/2019)
- ^ The Extradition (International Convention for the Suppression of Terrorist Bombings) Order 2019 (SI 390/2019)
- ^ The Extradition (Criminal Law Convention on Corruption) Order 2019 (SI 387/2019)
- ^ The Extradition (International Convention for the Suppression of the Financing of Terrorism) Order 2019 (SI 391/2019)
- ^ The Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (SI 301/2018)
- ^ Blakesley, "The Evisceration of the Political Offense Exception to Extradition" (1986) 15 Denver Journal of International Law and Policy 109 at 115 and 116 (see, in particular, footnote 29)
- ^ Shannon v Fanning (1984) 79 International Law Reports 89 at 96 per Hederman J