FROM SOVEREIGNTY TO HUMAN DIGNITY: THE EVOLUTION OF EXTRADITION AND THE CONSTRUCTION OF THE PERSON SOUGHT FOR EXTRADITION AS A SUBJECT OF RIGHTS
DOI:
https://doi.org/10.51891/rease.v12i6.28571Keywords:
Extradition. Human Rights. Sovereignty. International Criminal Cooperation. Extradited Person.Abstract
Extradition is one of the oldest mechanisms of international legal cooperation, having evolved from an essentially political instrument into a legal institution subject to the limits imposed by human rights. Traditionally linked to state sovereignty and crime repression, extradition gradually incorporated guarantees aimed at protecting individuals subjected to extradition proceedings, especially after the consolidation of the international human rights protection system following World War II. This article analyzes the historical evolution of extradition and investigates how the affirmation of human rights contributed to transforming the extradited person from an object of interstate cooperation into a subject of rights. The study adopts a qualitative methodology based on bibliographic and documentary research, examining specialized doctrine and major international legal frameworks. The findings indicate that the internationalization of human rights significantly reshaped international criminal cooperation by imposing limits on state action and strengthening the legal protection of extradited individuals. It is concluded that contemporary extradition must be understood as an instrument of international cooperation compatible with the protection of human dignity and fundamental rights.
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Atribuição CC BY