2.19.2002

RESOLUTION:

COMMITTEE:            Legal

TOPIC:                        Extradition Law

SIGNATURES:           Mexico, India, Norway, Austria, Czech Republic, Malaysia, Sri Lanka, Vietnam, Jamaica, Peru, DR Congo, El Salvador, Kingdom of Sweden, Belize, Bangladesh, Chad, Madagascar, Oman, Croatia, Russia, New Zealand, Ireland, Holy See, Morocco, Tanzania, Israel, Brazil.

 

Realizing that expansion of international extradition law is vital to the peace and security of the world,

Recognizing the barriers to this expansion, namely the question of national sovereignty and reconciling various criminal codes and punishments,

Recalling the Model Treaty on Extradition

Be it hereby resolved that the General Assembly of the United Nations:

1.         Recognizes the inviolate sovereignty of all member states;

2.         Calls for the International Law Commission to serve member states on a voluntary basis by:

            a.  Comparing concessions in existing bilateral extradition treaties, and matching up states with similar concessions under the principle of reciprocity, for the purpose of facilitating and streamlining the signing of bilateral extradition treaties,

            b.  Facilitating any group of nations that desire to create a multilateral extradition treaty,

            c.  Standardizing the language of extradition treaties, for ease of comparison and interpretation,

            d.  Being comprised of international legal experts representing regions from the entire world.

            e.  Compiling of a comprehensive body of information on currently existing bilateral and multilateral extradition agreements worldwide and the provision of that information to all member states to facilitate greater international cooperation,

            f.  Keeping in mind the legal, procedural, and moral differences among nations and cultures;

3.         Recommends that the Model Treaty on Extradition, as drafted by the Seventh and Eighth United Nations Crime Congresses, be utilized by member states as a framework for establishing extradition relationships between states when in harmony with those states’ legal and cultural norms;

4.         Further supports a convention with the purpose of facilitating the definition and international codification of transnational criminal offenses, including destruction of state or human life, drug trafficking, money laundering, organized crime and further discussion of other areas of concern, to be determined by an assembly of all member states and legal experts not more than three monts past this date;

5.         Calls for the establishment of a voluntary fund, overseen by the International Law Commission, dedicated to aiding interested states in need of the development of their legal systems including, but not limited to, advising state legislative bodies, rendering logistical support, and the training of court officials in order to provide greater cooperation in the extradition process.

6.         Reaffirms the role of the International Court of Justice in resolving disputes between states on the interpretation of extradition and other treaties;

7.         Emphasizes the need for all member states to sign and ratify the Rome Statute of the International Criminal Court; and

8.         Calls for establishing a mechanism by which nation-states can share information on trans-national criminals to facilitate greater cooperation in global law enforcement and prevention of international crime.

9.         Encourages states to create with regional neighbors and organizations bilateral or multilateral treaties regarding extradition in order to facilitate stronger law-enforcement with regards to transnational crimes while preserving individual state sovereignty;

10.       Reaffirms that all extradition treaties must be interpreted in light of the principles of international law, friendly relations among nations, and those of human rights.