What country cannot you be extradited from?

No country offers absolute protection from extradition, as each state retains discretion to deny requests regardless of treaty status. Countries without extradition treaties with the United States include Cuba, Mainland China, Morocco, Iran, and Nicaragua, according to U.S. legal sources. However, Ecuador, Bolivia, and Iceland frequently refuse extradition requests despite having treaties in place, while Spain and Yemen may return fugitives even without formal agreements. The decision depends on bilateral relations, domestic constitutional protections for nationals, and the specific nature of alleged offenses rather than treaty existence alone.

Where can I go to not be extradited?

Countries with no U.S. extradition treaty include Cuba, Mainland China, Morocco, Iran, and Nicaragua, as confirmed by FindLaw and U.S. State Department records. However, treaty absence does not guarantee protection, since countries like Spain and Yemen may still return fugitives through diplomatic channels. Conversely, nations with treaties such as Ecuador (under its 2000 Extradition Law R.O. 144), Bolivia, and Iceland often refuse extradition based on constitutional prohibitions against surrendering nationals or political discretion. The legal landscape depends on bilateral diplomatic relations and domestic constitutional provisions, not solely on treaty existence as defined under 18 U.S.C. § 3181.

Can US citizens be extradited to other countries?

Yes, U.S. citizens can be extradited to countries with which the United States maintains extradition treaties, as governed by 18 U.S.C. § 3181. The U.S. has extradition agreements with over 116 countries including Canada, France, and Mexico, according to the U.S. Department of State’s Treaties in Force publication. Extradition to non-treaty countries will not occur unless specific statutory exceptions apply. U.S. courts evaluate requests based on dual criminality requirements, ensuring the alleged offense constitutes a crime in both jurisdictions, and procedural fairness standards established through domestic extradition hearings before federal magistrates.

What countries do fugitives go to?

Fugitives frequently seek refuge in countries without extradition treaties with their home nation, including Cuba, Mainland China, Morocco, Iran, and Nicaragua for those fleeing U.S. jurisdiction. Beyond treaty absence, fugitives target nations known for refusing extradition despite formal agreements, such as Ecuador (which under its 2000 Extradition Law R.O. 144 prioritizes reciprocity but denies many requests), Bolivia, and Iceland. Russia and Venezuela also attract fugitives due to political considerations that override treaty obligations. The choice depends on diplomatic relations, constitutional protections against surrendering nationals, and political asylum availability rather than treaty status alone, as documented in World Population Review analyses.

What are the main requirements and procedures involved in extradition treaty processes between countries?

Extradition treaty procedures require dual criminality, meaning the alleged offense must constitute a crime in both requesting and requested states, as codified in 18 U.S.C. § 3181 for U.S. treaties. The requesting country submits formal documentation including arrest warrants, evidence summaries, and treaty references to the requested state’s designated authority. Many bilateral agreements specify 60-day response windows for initial decisions. Under the Sánchez de Bustamante Code ratified by Ecuador in 1932, extradition excludes political crimes and often protects nationals from surrender. Treaties are not legally binding in preventing denial; states retain sovereign discretion to refuse requests based on human rights concerns, constitutional provisions, or diplomatic considerations regardless of treaty existence.

Home > Extradition Countries: Which States Have Extradition Treaties?

Extradition Countries: Which States Have Extradition Treaties?

Extradition treaty countries are states connected by a bilateral treaty, multilateral convention, or another legal framework that allows one country to request the surrender of a person from another. There is no single worldwide list of “extradition countries”: the legal position depends on the requesting state, the requested state, the applicable agreement, and domestic law.

The existence of a treaty is important, but it does not mean that extradition is automatic. Authorities must still apply the treaty and the domestic law of the requested state to the facts of the individual case.

If an extradition request has already been made, extradition defence lawyers can assess the treaty basis, domestic procedure, and any available grounds for resisting surrender.

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What Is an Extradition Treaty?

An extradition treaty is an international agreement establishing the legal framework under which one state may request another state to surrender a person for prosecution or enforcement of a criminal sentence.

Treaties usually specify the conditions under which extradition can take place, the documents required, the offences or penalty thresholds covered, and the grounds on which surrender may be refused.

The exact rules are not universal. Different treaties use different procedures and conditions, so the existence of an extradition agreement should never be treated as proof that a particular person must be surrendered.

In the United States, for example, federal extradition law generally operates where an extradition treaty is in force. The U.S. Department of Justice also notes a limited statutory exception allowing certain non-U.S. citizens, nationals or permanent residents to be surrendered without a treaty in specific cases involving crimes of violence against U.S. nationals abroad.

Which Countries Have Extradition Treaties?

There is no meaningful single list of countries that “have extradition” in general. Extradition relationships exist between particular states, and the same country may have an extradition agreement with one state but no equivalent treaty with another.

A country may therefore fall into several different situations:

Treaty status	What it means
Bilateral extradition treaty	Two states have a specific extradition agreement
Multilateral framework	Extradition or surrender may be governed by a convention involving several states
Regional surrender system	A special regional mechanism may replace traditional extradition procedures
No bilateral treaty	Extradition may still need to be assessed under domestic law, reciprocity, another convention or a special arrangement
Treaty signed but not in force	The agreement should not automatically be treated as an operative extradition treaty
Treaty suspended or otherwise not operational	The formal text may exist while practical or legal cooperation is restricted

For this reason, treaty status should always be checked for the specific requesting and requested countries, rather than relying on a generic list of “extradition countries.”

Which Countries Have Extradition Treaties With the United States?

The United States has bilateral extradition agreements with countries across Europe, the Americas, Asia, Africa and the Pacific.

Examples listed in the statutory notes to 18 U.S.C. § 3181 include Canada, Mexico, the United Kingdom, France, Germany, Poland, Spain, Australia, South Korea, Thailand, South Africa and many others. The statutory list also records the relevant signing and entry-into-force dates.

However, the U.S. State Department advises that treaty status should be verified against its current Treaties in Force records. The Department of Justice similarly recommends checking the currency of an extradition relationship rather than relying solely on older treaty lists.

This is particularly important where an agreement is old, has been supplemented by a later instrument, or continues to apply through state succession.

Does the United States Need an Extradition Treaty?

As a general rule, U.S. international extradition is treaty-based.

18 U.S.C. § 3181 provides that the federal extradition chapter concerning surrender to foreign governments operates while an extradition treaty exists with the relevant foreign government. U.S. law also contains a narrow exception relating to certain crimes of violence committed abroad against U.S. nationals.

The legal position in another country may be different. The U.S. Department of Justice expressly notes that some foreign states permit extradition without a treaty, including on the basis of reciprocity.

Which Countries Have Extradition Agreements With the United Kingdom?

The United Kingdom uses several legal frameworks rather than one universal bilateral treaty system.

The UK Home Office maintains an official list of bilateral extradition agreements. The current list includes, among others, the United States, United Arab Emirates, India, Thailand, Morocco, Brazil, Argentina, the Philippines and several other states.

The legal basis and procedure also depend on how the requested territory is treated under UK extradition legislation and whether another international arrangement applies.

Treaty status therefore should not be inferred simply from whether a bilateral agreement appears to exist. The applicable statutory framework and the current status of the particular arrangement also need to be checked.

How Does Extradition Work Between EU Countries?

Between EU Member States, the European Arrest Warrant has replaced the traditional extradition procedures that previously operated within the European Union.

The European e-Justice Portal describes the EAW as a simplified cross-border judicial surrender procedure. A warrant issued by a judicial authority in one EU Member State can be recognised across the EU for prosecution or execution of a custodial sentence or detention order.

The system is based on mutual recognition of judicial decisions and direct cooperation between judicial authorities.

This means that a person moving between EU countries may be subject to a surrender procedure that is legally different from a conventional bilateral extradition request.

Does No Extradition Treaty Mean Extradition Is Impossible?

No. The absence of a bilateral extradition treaty does not universally make surrender impossible.

The effect depends on the law of the requested country and any other applicable international arrangements.

For example, the U.S. Department of Justice states that some countries can grant extradition without a treaty on the basis of reciprocity. UK law also permits certain extradition requests to be handled under mechanisms that do not depend solely on a standing bilateral treaty.

Multilateral conventions may also provide a legal basis for extradition in relation to particular offences where their conditions are satisfied.

The correct legal question is therefore not simply: “Is there an extradition treaty?”

It is: “What legal basis, if any, permits extradition between these two states in this particular case?”

Does an Extradition Treaty Guarantee Extradition?

No. A treaty creates a legal framework for considering an extradition request; it does not guarantee that the requested person will be surrendered.

Authorities may still need to determine matters such as:

whether the alleged conduct falls within the applicable extradition framework;
whether treaty and statutory requirements have been satisfied;
whether nationality rules affect surrender;
whether any statutory or treaty ground for refusal applies; and
whether applicable human-rights protections prevent extradition.

The specific tests vary significantly between jurisdictions and treaties.

For U.S. cases, the Department of Justice itself states that extradition law varies by country and that the existence and terms of the applicable treaty must be considered in the individual case.

What Is the Difference Between Extradition and an INTERPOL Red Notice?

An extradition treaty and an INTERPOL Red Notice perform different functions.

A treaty or other extradition framework establishes the legal basis and conditions under which one state may seek surrender from another. An INTERPOL Red Notice is an international police cooperation tool used to seek the location and provisional arrest of a wanted person pending extradition, surrender or similar legal action.

A Red Notice does not itself determine whether extradition is legally available.

Where an extradition case is connected to an INTERPOL alert, the status and legality of the notice may need to be considered separately. In such cases, INTERPOL Red Notice defence may run in parallel with domestic extradition proceedings.

How Can You Check Extradition Treaty Status by Country?

The safest way to establish extradition treaty status is to start with official government and treaty sources for the two states concerned.

For a country pair, check:

whether a bilateral extradition treaty is currently in force;
whether a multilateral convention applies;
whether a regional surrender system applies;
whether domestic legislation permits cooperation without a bilateral treaty;
whether the relevant agreement has been suspended, amended or replaced; and
whether the requested person’s nationality or the alleged offence changes the legal position.

For U.S. cases, the statutory notes following 18 U.S.C. § 3181 and the Department of State’s Treaties in Force records are key official sources. For UK cases, the Home Office publishes its current extradition and mutual legal assistance treaty list.

How Our Extradition Lawyers Can Help

Treaty status is only the starting point in an extradition case.

Intercollegium’s extradition lawyers assess the legal basis of the request, the applicable treaty or statutory framework, the requested country’s procedure, and any grounds on which surrender may be challenged.

Where the case also involves an INTERPOL Red Notice or Diffusion, the extradition proceedings and INTERPOL data can be assessed separately and, where appropriate, challenged in parallel.

For advice on a specific country pair or an existing extradition request, contact our international extradition team for a confidential case assessment.

Frequently Asked Questions

Can a Country Extradite Its Own Nationals?

Whether a country can extradite its own nationals depends on its constitution, domestic law, and the applicable treaty or surrender framework. Some states permit extradition of their citizens, while others restrict or prohibit it and may instead prosecute the person domestically.

Can an Extradition Treaty Be Suspended or Terminated?

Yes. Extradition treaties can be amended, suspended, terminated, or replaced by later agreements. For this reason, the existence of an older treaty text does not by itself prove that the agreement is currently in force or operational.