Understanding the Doctrine of Specialty in International Law
Definition & Meaning
The doctrine of specialty is a principle in international law that governs extradition treaties. It stipulates that when a person is extradited to another country, they can only be tried for the specific offenses outlined in the extradition request. This means that the requesting country cannot prosecute the individual for any other crimes committed prior to their extradition. The doctrine protects individuals from being subjected to additional charges that were not part of the original extradition agreement.
Legal Use & context
The doctrine of specialty is primarily used in criminal law, particularly in cases involving extradition. It is relevant in situations where one country seeks to extradite a person from another country to face criminal charges. Legal practitioners must ensure that the extradition request clearly specifies the charges to comply with this doctrine. Users may find legal templates useful for drafting extradition requests or understanding their rights under this doctrine.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person is extradited from Country A to Country B for theft. Under the doctrine of specialty, they can only be tried for theft and not for any unrelated offenses, such as fraud, that occurred before the extradition.
Example 2: A person is extradited to face charges of drug trafficking. If the extradition treaty specifies only drug trafficking, they cannot be prosecuted for any other crimes, such as robbery, that were committed prior to their extradition. (hypothetical example)