How One Legal Doctrine Shapes the Global Pursuit of Fugitives
VANCOUVER, B.C. — June 3, 2025 — In an era defined by global crime, political surveillance, and transnational legal pressure, the principle of dual criminality stands as one of the last safeguards for individuals facing extradition. Although often overlooked in public discussion, dual criminality plays a decisive role in determining whether a person will be handed over to a foreign government or protected from questionable international prosecution.
Amicus International Consulting, a global leader in legal identity solutions and international law strategy, breaks down the legal framework of dual criminality, explaining why it matters in U.S. extradition cases, its impact on political dissidents, whistleblowers, and expatriates, and what real-life cases reveal about its power and limitations.
What Is Dual Criminality?
At its core, dual criminality means that for an extradition to proceed, the alleged conduct must be a crime in both the requesting and requested countries. It’s not enough for the requesting nation, such as the United States, to claim that someone has broken its law; the country receiving the extradition request must recognize the same act as criminal under its statutes.
It’s a test of mutual legal recognition. Dual criminality ensures that states don’t enforce foreign laws that contradict their values, constitutions, or public policy.
Example: If someone is charged with apostasy in a theocratic regime but lives in a secular country where apostasy is not a crime, extradition will likely be denied on dual criminality grounds.
How It Works in U.S. Extradition Requests
The United States has over 100 extradition treaties with countries worldwide. Most contain explicit dual criminality clauses. These clauses ensure that extradition requests are reviewed not just for legal process, but also for ethical and constitutional compatibility.
The U.S. approach typically focuses on conduct rather than legal terminology. Courts analyze whether the underlying behaviour, not the name of the offence, would be punishable under U.S. federal or state law.
U.S. courts generally defer to the executive branch, specifically the Department of Justice’s Office of International Affairs (OIA), to validate the foreign country’s legal definitions. But ultimately, judges determine whether the dual criminality standard is met.
Case Study 1: Julian Assange — Journalism or Espionage?
Few extradition battles have drawn as much global attention as that of Julian Assange, the founder of WikiLeaks.
Background: Assange was charged in the U.S. under the Espionage Act for publishing classified documents.
Legal Debate: In the U.K., where Assange was arrested, lawyers argued that publishing information is protected under British free speech and press rights.
Dual Criminality Question: Is publishing state secrets a criminal offence in the U.K. that matches the U.S. charge of espionage?
As of 2025, the legal debate continues, underscoring the intersection of press freedom laws with dual criminality and their impact on the legitimacy of extradition.
Case Study 2: Meng Wanzhou — Sanctions, Fraud, and Sovereignty
In 2018, Canadian authorities arrested Meng Wanzhou, the CFO of Huawei, at the request of the U.S. for alleged bank fraud and sanctions violations.
Defence Argument: U.S. sanctions on Iran didn’t apply in Canada.
Crown Argument: Regardless of sanctions, Meng misled HSBC, which constitutes bank fraud under Canadian law.
A British Columbia court ruled that the fraud elements satisfied the dual criminality requirement, allowing the case to proceed. Though ultimately resolved diplomatically, this case reshaped U.S.-China-Canada relations.
Political Offences and Dual Criminality: A Built-In Shield
Extradition treaties often include a political offence exception, which overlaps with the concept of dual criminality. Many democratic nations refuse to extradite individuals if the offence is primarily political or if it violates the individual’s human rights.
This protection covers cases involving:
Whistleblowers
Dissidents
Political asylum seekers
Journalists are facing censorship laws.
In such cases, the requested state may argue that the underlying offence is either:
Not a crime domestically (due to protected rights),
Or legally permissible under local law (e.g., lawful protest).
Case Study 3: Turkish Journalist Denied Extradition in Germany
In 2023, a Turkish journalist accused of “propaganda against the state” and “defaming Turkish institutions” was arrested in Berlin.
Turkey’s Request: Extradite the journalist for violating national security.
German Response: The alleged behaviour—publishing editorials—was protected under German law.
Outcome: Germany invoked both the political offence exception and the dual criminality principle to deny the extradition.
How Different Countries Interpret Dual Criminality
Although the doctrine is nearly universal, its application varies dramatically depending on a country’s legal system, extradition laws, and political climate.
United Kingdom: Courts scrutinize both the conduct and its classification under domestic law.
France: Refuses extradition if the individual could face the death penalty or political persecution.
Germany: Constitutional principles guide extradition, particularly those related to free speech and anti-torture provisions.
Switzerland: Rejects extradition for tax offences considered civil under Swiss law.
China & Russia: Rarely reject extraditions based on dual criminality if politically motivated arrests align with their regime’s interests.
Case Study 4: Amicus Client Escapes an Unjust Prosecution
In 2021, a client of Amicus International Consulting, a data security expert, faced extradition to a Gulf country on charges of “espionage” for alerting foreign media to data privacy violations.
Amicus’ legal team helped secure asylum in a European country where:
The act was not considered criminal.
Free speech protections applied.
Dual criminality was not met.
The extradition request was denied, and the client successfully received political protection under both legal and humanitarian grounds.
INTERPOL Red Notices and Dual Criminality
An INTERPOL Red Notice is not an arrest warrant but a request to locate and provisionally detain a person pending extradition.
However, dual criminality still applies before extradition can proceed. Many countries use it to block Red Notice-based arrests if the underlying charge isn’t recognized under domestic law.
In 2024, the U.K. refused to extradite an Egyptian LGBTQ+ activist flagged on a Red Notice, ruling that “morality-based” offences were not criminal under British law.
Dual Criminality in Digital Crime and Cryptocurrency
Modern extradition law faces new challenges:
Cybercrime definitions vary widely.
Cryptocurrency regulations differ by country.
Data privacy laws clash with national security statutes.
Example: A person charged in the U.S. with “unauthorized access to a government system” may not face extradition from Iceland if the activity is protected under local whistleblower laws or lacks a criminal equivalent.
This evolving landscape requires constant legal recalibration.
Frequently Asked Questions (FAQs)
Q: Is dual criminality automatic?
A: No. Courts must determine whether the alleged conduct qualifies under local law, taking into account the context, relevant legal protections, and constitutional rights.
Q: Can dual criminality be waived?
A: Some treaties allow waivers, but these are rare and usually require executive consent.
Q: Can you be extradited if only part of your conduct is criminal?
A: Often, yes. Courts may isolate the elements that satisfy the dual criminality requirement.
Q: Is dual criminality a defence?
A: Yes. Defence attorneys frequently challenge extradition by demonstrating that the foreign charge isn’t criminal under local law.
Legal Implications for Amicus Clients
At Amicus International Consulting, dual criminality is a central aspect of many of our client services. We assist:
Activists, journalists, and whistleblowers are facing foreign prosecution.
Repressive regimes wrongly target expatriates.
Individuals facing politically charged Red Notices.
Clients need second passports or new legal identities for protection.
Our services include:
Comparative legal analysis of charges.
Coordination with defence counsel.
Relocation to safer jurisdictions with strong judicial independence.
Application for citizenship in countries with non-extradition policies.
Looking Ahead: Dual Criminality in the Age of Surveillance
In 2025 and beyond, dual criminality faces new challenges:
Data sovereignty laws clash with espionage definitions.
Authoritarian regimes manipulate criminal charges for transnational repression.
AI-generated content blurs legal attribution in cybercrime.
Universal jurisdiction laws create overlaps that effectively bypass the requirement of dual criminality.
The legal community, including international watchdogs and defence counsel, must remain vigilant.
Final Thoughts: A Line Between Justice and Overreach
Dual criminality is more than a procedural step—it is a moral checkpoint. It protects sovereign legal systems from being used as tools of oppression. For individuals at risk of political targeting, it is often their final safeguard.
At Amicus International Consulting, we uphold the integrity of international law and defend the right of every individual to be judged under fair, compatible, and lawful standards, not the whims of geopolitics.
Contact Information
Phone: +1 (604) 200-5402
Email: [email protected]
Website: www.amicusint.ca
