International Law Pertaining To Lawful Transfer Of Wanted Persons.
Several instances abound as to situations where a state requests the arrest and subsequent handover of a wanted person (or persons). Evolution of international legal practice over the decades has brought about necessary changes to the process of securing custody of wanted persons across state borders, especially with a view to protecting human rights.
The process of transfer, commonly known as extradition is a strictly legal process which involves the jurisdictions of two sovereign nations. International law(and in some cases state law) dictates that processes of extradition be legally overseen for several reasons. This will include ensuring respect to the sovereignty of individual nation states, ensuring that the laid down judicial apparatus of state, and international law are not relegated, ensuring that internationally recognized statutes are respected, ensuring the protection of international human rights, avoiding state (or multiple state) conflict, avoiding strain in diplomatic relations that may arise from extrajudicial practices and war etc.
The handover of a wanted person (or persons) will usually fall under 3 categorizations:
Extradition: a formal request for the hand over or transfer of a wanted person from one state to another for the said persons to face trial in a competent court, overseen by the sovereign jurisdictions of the two states involved. This process will usually involve two sovereign nations. Extradition falls under the broader scope of Rendition.
Rendition : Process of handover or transfer of persons to a country where they are wanted. Rendition may be lawful or unlawful depending on the situation surrounding the handover of such wanted persons. To bypass the judicial processes of formal transfer is however forbidden in international law.
Extraordinary Rendition: Will usually involve 3 states. A process where a country sponsors (or solely carries out) the transfer or return of a non-citizen while the non-citizen is outside the territories of their home state. Extraordinary rendition is the illegal act of abducting and transferring wanted persons who are non-citizens across state lines without recourse to proper jurisdictional processes. It is regarded as a severe human rights infringement and a serious criminal offence in international law.
States that have engaged in unlawful or extraordinary rendition may be charged at the International Court Of Justice by another member state or at the International Criminal Court by a prosecutor.