Swiss Confederation

Abstract

Extradition — Refusal by requested State — Withdrawal of extradition decree — Decision based on “superior interests of State” — Whether subject to judicial review in courts of requested State — Whether such withdrawal constituting an acte de gouvernement

Extradition — Duty to extradite — European Convention on Extradition, 1957, Article 1 — Extent to which any discretion left to requested State — Withdrawal of extradition decree — Failure by requested State to give reasons for decision — Whether violating Convention where conditions laid down for extradition in Convention fulfilled

States — Conduct of foreign relations — Decision by French Minister for Foreign Affairs withdrawing extradition decree — Whether open to challenge by requesting State in courts of requested State — Whether refusal of extradition severable from conduct of foreign relations by French Government — The law of France