Why some countries do not extradite their own nationals
Several states bar or restrict the extradition of their own citizens, often in the constitution, and instead offer to prosecute them at home.
- Article 16(2) of Germany's Basic Law says "No German may be extradited to a foreign country", with exceptions allowed by law for EU member states and international courts.1
- Article 6 of the European Convention on Extradition gives each party the right to refuse to extradite its nationals, but it must then submit the case to its own authorities for possible prosecution if asked.2
- The US Justice Department notes that a fugitive may be beyond reach where the country of refuge does not extradite its nationals, and lists deportation, expulsion and foreign prosecution as alternatives.3
Sources
- Federal Ministry of Justice (Germany), Basic Law for the Federal Republic of Germany (English translation) (27 October 2026)
- Council of Europe, European Convention on Extradition (ETS No. 24), Paris, 13 December 1957 (13 December 1957)
- US Department of Justice, Justice Manual 9-15.000, International Extradition and Related Matters (27 October 2026)