Undesirable but unreturnable extradition and other forms of rendition

The fight against international crimes takes place at many levels, not just before the ad hoc tribunals and the International Criminal Court (ICC). Nor are international crimes limited to the crimes prosecuted before those courts. This article considers how extradition and other forms of rendition might be utilized to ensure the transfer of an undesirable alien, particularly one who is excluded from refugee status, to the ICC or to a third state. In undertaking this analysis, the article also has regard to those cases where the undesirability of an individual only comes to light through an extradition request after refugee status was already granted to her or him. In this context, states have three sets of overlapping obligations: the ICC Statute or extradition treaties require states to surrender certain individuals; international refugee law and international human rights law require states to protect those within their jurisdiction from refoulement; international refugee law further imposes an obligation to exclude from non-refoulement, those who are deemed unworthy based on certain types of criminal activity. The undesirability of the individual in question is but a side factor in balancing these competing claims on the state.