Extradition

Marshall Islands

Marshall Islands - Criminal Extradition Act 2004 EN

204. Form of request.

(1) No request for the extradition of a person charged with or convicted of crime in another nation, state, territory or subdivision thereof, hereinafter 'foreign country' shall be recognized by the Cabinet unless in writing alleging, except in cases arising under Section 208 of this Chapter, that the accused was present in the requesting foreign country at the time of the commission of the alleged crime and that thereafter he fled from such foreign country. Such demand shall be accompanied by:

(a) a copy of an indictment found;
(b) a copy of an information supported by an affidavit filed in the foreign country having jurisdiction of the crime;
(c) a copy of an affidavit made before a magistrate in such foreign country together with a copy of any warrant which was issued thereon; or
(d) a copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the requesting state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.

(2) The indictment, information or affidavit made before the magistrate must substantially charge the person requested with having committed a crime under the law of the requesting foreign country and the copy must be authenticated by the executive authority making the request, which shall be prima facie evidence of its truth.

Rome Statute

Article 102 Use of terms

For the purposes of this Statute:

(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.