Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Argentina’s Law on International Cooperation in Criminal Matters (1997) provides that extradition shall not take place in case of political offences.
However, the Law also states that the following crimes are not considered to be political offences: war crimes and crimes against humanity or illegal acts against internationally protected persons; illegal acts against the population or innocent civilians not involved in the violence caused by an armed conflict; and crimes for which Argentina, as a signatory to an international convention, has assumed the obligation to extradite or prosecute.
In the Bohne case
in 1966, in which extradition was requested for crimes related to the execution of mentally ill patients during Germany’s Nazi regime, Argentina’s Supreme Court of Justice emphasized: “Neither claims for political reasons nor arguments based on supposed military necessity shall be admitted as grounds for the denial of extradition for criminal acts which clearly contravene the common opinion of civilized peoples.”