Grounds and Impediments to Extradition under the Riyadh Arab Convention on Judicial Cooperation of 1983 and the Jurisprudence of the Jordanian Court of Cassatio

Abstract

With the increasing phenomenon of transnational organized crime, the activation of international judicial cooperation mechanisms in criminal matters has become an urgent necessity. Extradition is one of the oldest and most common forms of international judicial cooperation in criminal matters and remains among the most effective in practical application at the international level. The Riyadh Arab Convention on Judicial Cooperation of 1983 is one of the most significant regional agreements at the Arab level, as it established a regulatory framework for extradition by defining the conditions and procedures for surrendering fugitives. The Convention also addressed the cases that necessitate extradition to the requesting state, as well as the circumstances that prevent it, while ensuring respect for the national sovereignty of the signatory states.

In the Hashemite Kingdom of Jordan, the Court of Cassation plays a crucial role in interpreting and applying the provisions of this Convention. The Court has issued numerous judicial rulings addressing the grounds and impediments to extradition under the framework of national legislation alongside the Riyadh Arab Convention on Judicial Cooperation of 1983. These rulings have tackled various issues related to extradition and serve as an essential reference for judges and legal professionals interested in the field of international judicial cooperation in criminal matters.

This study aims to shed light on the cases that necessitate extradition and the obstacles that may prevent it under the provisions of the Riyadh Arab Convention on Judicial Cooperation of 1983, and the jurisprudence of the Jordanian Court of Cassation in this regard.