The Principle of Non-Extradition of Political Offenders: Contemporary Dilemmas and Institutional Improvement

Abstract

This paper takes the contemporary application dilemmas of the principle of non-extradition of political offenders as its research object, aiming to deconstruct the underlying logic of its institutional failure, remedy the shortcomings of existing research—characterized by fragmentation and insufficient systematic analysis—and provide theoretical support for its normative application and institutional improvement. Employing normative analysis, comparative analysis, and case analysis, this paper reviews relevant international rules and national legislations and dissects the application dilemmas through classic judicial precedents. The study finds that the principle confronts four systemic dilemmas: the inherent shackles of the absence of a definition of political crime, the failure of the binary classification system, and the fragmentation of recognition standards; the practical adaptation crisis triggered by the rise of transnational terrorism; the institutional instrumentalization and alienation caused by political interest interference and the expansion of administrative discretion; and the failure of human rights protection resulting from the disconnection between extradition and asylum procedures and the absence of cross-procedural res judicata. On this basis, this paper proposes institutional improvement pathways across four dimensions, asserting that the humanitarian core of the principle retains irreplaceable value and can offer practical references for the international extradition regime to balance sovereignty maintenance, transnational crime governance, and human rights protection.