Wednesday, August 10, 2005

Britain-Pakistan Extradition Treaty

Britain and Pakistan are expected to finalize a new extradition treaty, the negotiations of which had begun several months ago. Pakistan, Britain Close to Inking Extradition Treaty, Reuters, Aug. 8, 2005, also available here. The text of the new, as-yet unsigned, treaty has apparently been agreed to, but once signed, it would take some months for it to come into force. Id.

The new treaty has some prominence in the news recently because of the July 7 London “Tube” attacks, in which it was discovered that three of the four bombers were Britons of Pakistani descent. Id.

The new treaty could potentially have consequences for the United States. The 1931 extradition treaty between the United Kingdom and the United States was made applicable to India, and by extension to Pakistan, under article 14 in 1942. See Extradition Treaty, Dec. 22, 1931, U.S.-U.K., art. 14, 47 Stat. 2122; see also U.S. Dept. of State, Treaties in Force 2004, available here. In 1997, the United States signed an extradition treaty with India. See, Extradition Treaty, Jun. 25, 1997, U.S.-India, TIAS __,1997 U.S.T. LEXIS 97. There is no formal bilateral treaty with Pakistan at the moment, and it remains to be seen what is in the new U.K.-Pakistan treaty, and how the new U.S.-U.K. extradition treaty (S. Treaty No. 108-23), which has not yet been ratified by the Senate, affects the United States’ ability to request extradition of persons from Pakistan.