Provisions on Extradition of the 1961 and 1971 vs. 1988 Convention

1.0 Introduction

The international system for narcotic drugs and psychotropic substances may be perceived as one of the most important achievements of the twentieth century as far as international cooperation is concerned (United Nations 2009, p. 3). The signing of the three main important treaties including the 1961 conventions, the 1971 convention and the 1988 conventions has contributed largely to this task. While some countries have not adhered to the three treaties, treaty adherence by all countries is important to the effective functioning of the international drug control system. This paper compares the provisions on extradition of the 1961 and 1971 with the provisions of 1988.

Like the 1961 and 1971 conventions, the 1988 convention requires parties to criminalize the intentional purchase, possession or cultivation of psychotropic substances and drugs. Building upon article 37 of the 1961 convention, 1988 convention also requires states to create offenses related to money laundering (Schabas & Bernaz 2010, p. 185).

On the other hand, parties to the 1961 convention are expected to limit exclusively to medical and scientific purposes the manufacture, production, import, export and distribution of trade in and use and possession of cannabis as is the case for any other drug under this scope (United Nations 2002, p. 39). Regretfully, from a scientific perspective, the scheduling arrangements for both the 1961 convention and the 1971 convention contain inconsistencies. For instance, cannabis and cannabis resin are narcotic drugs while some of their active ingredients are psychotropic substances while falling under a weaker control system. Similarly, there is no plant material controlled under the 1971 convention. Consequently, the raw materials ephedrine and khat remain uncontrolled. Their derivatives ephedrine and cathinone on the other hand are controlled under the 1971 convention and psychotropic substances of 1988.

Unlike the conventions of 1961 and 1971, the 1988 convention has been perceived as necessary because of the growing transnational organized crime and drug trafficking and the difficulties of pursuing individuals involved in drug-related crime and money-laundering at the international level, an issue which had not been addressed in the 1961 and 1971 conventions (United Nations 2009, p. 3). Parties to the 1988 Convention also contend that other states parties may assert jurisdiction over some offenses when the alleged offender is present in its territory and it does not extradite him to another party. The main objective of this convention is to address the points of friction in international cooperation and find practical solutions to overcome them (Bassiouni 2009, p. 883).

Moreover, unlike 1961 and 1971 convention, parties to the 1988 treaty are allowed to establish jurisdiction when the offense has taken place on a ship for which a state has been authorized by the flag state to board and search the vessel to look for drugs and to prosecute the offenders (Tanoh 2010, p. 386). The 1988 convention further allows parties to assert jurisdiction when the offense is committed by a national or someone who has habitual residence in the relevant state. On the other hand, the convention does not depart in any real way from what states could probably already do under general international law. Similarly, when a state does not extradite a suspect to another state to stand trial for a crime, it is obliged to establish jurisdiction over that suspect if that person is in the territory of the requested state in certain circumstances.

Nevertheless, in a significant advance over the conventions of 1961 and 1971, the 1988 convention provides for a fairly detailed regime for extradition, transfer of proceedings, mutual legal assistance and training in addition to other forms of assistance. The 1988 convention also passes certain powers to the International Commission on Narcotic Drugs to supplement those granted to it in the 1961 and 1971 conventions. Unlike the other conventions, the UN Commission on Narcotic Drugs is granted more powers by the 1988 convention to review the implementation of the convention and make recommendations and suggestions regarding the information received from state parties and amend the tables on compounds and precursor items (Bassiouni 2009, p. 883).

2.0 Conclusion

Compared to the 1961 convention, the 1988 convention aims at harmonizing the definition and scope of drug offenses at the global level in order to strengthen and improve international cooperation and coordination among the relevant authorities while providing them with the legal means to interdict international drug trafficking in a better way (Miller 2010, p. 118). Largely, compared with the other conventions, the 1988 convention is a more practical legal instrument with specific recommendations on the use of law enforcement techniques.

3.0 References

Bassiouni, C 2009. International Criminal Law: Sources, Subjects and Contents.USA: Library of Congress.

Miller, N 2010. Principles of Addictions & the Law: Applications in Forensic.

 USA: Academic Press.

Schabas, W & Bernaz, N 2010. Routledge Handbook of International Criminal Law’, New York: Taylor & Francis.

Tanoh, A 2010. Compendium of African Sub-regional Human Rights Documents. USA: Library of Congress.

United Nations 2002. Report of the International Narcotics Control Board for 2001. New York: Diane Publishing Company.

United Nations 2009. Report of the International Narcotics Control Board (2008). New York: Diane Publishing Company.

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