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The Decline of the Political Offense Exception in a Globalized World
(Yeshiva University, 2022-05) Auerbach, Adam D.; Zaitseva, Maria
In demonstrating the decline of the political offense exception and its cause, this paper explores the history of American extradition treaties and the establishment of the Anglo- American incidence test used for determining whether the alleged offenses of the accused qualify for protection under the political offense exception. This is accomplished through looking at the cases of In Re Castioni 11 and In Re Ezeta.12 Brief overviews of the third wave of globalization and the interplay between this phenomenon and terrorism are then provided before the diminishing application of the political offense exception is illustrated through a sampling of both historical and contemporary extradition cases. An analysis of these cases follows, using the courts’ decisions to assert that a U.S. desire to engender reciprocity from its allies in future extradition proceedings coupled with the nation’s dedication to bringing fugitive terrorists to justice are what has caused this trend. (from Introduction)