Wednesday, September 27, 2006
According to the Wall Street Jrl here, Kobi Alexander, former Comverse Energy's CEO has been found in Namibia and now awaits extradition or return to the United States. Although there is no extradition treaty with the US, this does not always mean that the individual cannot be sent to the United States. The Wall St.Jrl reports that "the Namibia government enacted a law to establish an extradition treaty with the U.S., prompted by this case." For background on the Kobi Alexander matter see here.
Extradition treaties often formalize two basic principles that operate in international law. The first is the Rule of Speciality. "The essence of the rule of speciality is that a defendant may be tried only for the crimes for which he or she is extradited." (See Podgor, Understanding International Criminal Law 98 (2005). The second principle is Dual Criminality which requires that in order for extradition to be proper, the crime must be a crime in both countries. The interesting question here is whether the alleged crime is in fact a crime in Namibia.