What law allows the U.S. to extradite a foreign citizen to the US?
According to the extradition law of the United States, a person can be extradited back to the United States if he/she is found guilty in another country or is held trial purposes. This only takes place if there is an official peace treaty signed between the United States and that country in which the fugitive is being held, charged or has been found guilty.
There are some countries that would permit extradition even without a signed treaty in place. In the absence of a treaty, the country is obligated to submit an offer of reciprocity for such an extradition.
In 1996, there was an amendment to this law, which allows the United States to extradite without any treaty as well, but this is true for a person who is not a citizens or a permitted resident of the United States. The people who commit very violent crimes against citizens of the United States are immediately extradited to the foreign country to which they belong.
The laws pertaining to extradition vary differently in different countries. When there is a dispute in any case, countries look to the Office of International Affairs (OIA).
The first step to any international extradition is to contact the OIA.
This office plays a very vital role is providing all the information related to the processes and procedures of the country and extradition policies. They also give advice and support to all the government agencies involved in such a case. This is essential to provide information otherwise unavailable due to lack of language skills of a foreign country.
The OIA reviews and approves all such inter-country charges. Unauthorized requests could result in damaging diplomatic relations and can cause penalties in fines.