Non-Extradition for Political Offenses: The Communist Perspective

Abstract

A key problem in political asylum determinations has been determining what constitutes a "political" offense. The controversy includes the issues of what should be done with respect to terrorists, political assassins, war criminals, deserters, and prisoners of war, who seek asylum.

Communist views regarding general principles of extradition were quite similar to those of countries outside the communist sphere. Principles of reciprocity, double criminality, speciality, non-refoulement, and so forth were all applied. The political offenses exception, however, was heavily influenced by the communist point of view. The definition of "political," in spite of its humanitarian basis, was bound up in ideological considerations.

This article explores the communist perspective on asylum. On the way, it considers the communist law of extradition and what constituted a political offense for communist countries, with special attention several subjects such as terrorism, "attendat" clauses, and to war crimes.

Keywords: asylum, extradition, political offenses, hijacking, terrorism, war crimes, communist principles of international law, attendat, political assasination