Double criminality(also known as dual criminality) is a requirement in the extradition law of many countries which states that a suspect can be extradited from one state (requested state) to be prosecuted in extraditing state (requesting State) only when a similar law exists for the crime accused in the extraditing country. The Double criminality principle has developed over several centuries and has been welcomed by various countries in various forms. The Double criminality principle has several purposes, out of which notion of state sovereignty is the most important. State applies double criminality principle differently due to various reasons. The double or dual criminality rule is one that is more or less uniformly applied in principle in extradition law and process on a worldwide basis. However, the particular construction differs from jurisdiction to jurisdiction, often quite considerably.
1. What is the meaning, nature and rationale behind the Double criminality principle in international principle?
2. What is the status of the Double criminality in international law?
3. Whether Double criminality principle has characteristics of Human rights?
The research is based on the secondary data as it is a doctrinal research. The secondary sources of data are books on the subject, articles,books.
1. To study the rationale behind the double criminality and its application in extradition law.
2. To examine the position of double criminality in International customary Law.
3. To study the Double criminality principle in the light of human rights principles.
The Double criminality principle protects the rights of a person who is extradited from inhumane treatment arising from illegal way of extradition. This protection is not only from the principle of double criminality but also with the intervention of International Human Rights. European Courts always consider human rights issue in extradition. So Double criminality principle with the help of Human rights is able to deal with the loopholes arising in the principle for example illegal deportation of fugitive where there is violation of human rights but may fulfil the double criminality principle. So the double criminality principle shows the characteristics of being considered as human rights.
The primary source is the extradition treaty, 1998. The UN model treaty on extradition and the secondary sources in Malcolm N. Shah Law, (gifth Edition, 2012, Cambridge University Press, London). Pp 679-680. The book gives idea about the principle of double criminality. The journal Nehal Singhal and Vaishali Verma, Extradition: A Comprehensive Critique, volume 1 International journal of research and analysis, 306(2013) gives an idea of the issues in the double criminality principle and Mark D. Kielsgard & Ken G. Ip, Hong Kong's Failure to Extradite Edward Snowden: More Than Just a Technical Defect, 13...