Extradition treaty between india and pakistan relationship

India, Morocco sign extradition agreement in New Delhi

extradition treaty between india and pakistan relationship

India and Morocco signed extradition agreement in New Delhi today. to improve people-to-people contact for better relations between the two countries . India says matters related to India-Pakistan relations are purely. Pakistan has concluded extradition treaties with several countries, which In the third place, popular sentiments involved in Pak-India relations. With Islamabad dragging its feet on the extradition treaty with India, New The top three fugitives on the list handed over to Pakistan are

Since extradition involves relations between two states, it brings into application international law. The obligations and rights created by international law stem essentially either from treaties or customs. Treaties are binding only on states which are parties to them. Hence, a state is neither under an obligation to give effect to the provisions of a treaty nor entitled to claim that another state acts similarly if it has not adhered to that treaty.

On the other hand, customary rules of international law generally practised in inter-state relations are widely believed to be binding on all states. For instance, rights, duties and immunities of diplomats originated in customs before they were codified in the Vienna Convention of Diplomatic Relations, and even today several matters relating to foreign diplomats are governed by the customary rules.

It follows that if extradition is governed by customs, a state will be under the obligation to hand over the persons wanted by another state whether or not the two states have an extradition treaty. However, if it is the other way round, the obligation to extradite will arise only in the presence of an extradition treaty between the states. The fact is that states generally do not accede to extradition requests in the absence of a treaty to that effect.

This means that international law does not create a general extradition obligation on a state. Rather the obligation arises only if the two states have an extradition treaty. Thus, the legal basis of extradition is treaty rather than customs. In such an event, no state is entitled to have an extradition claim on another if the two do not have a bilateral treaty. However, this does not mean that in the absence of a treaty, extradition is not possible.

A state, subject to its laws and for reasons of political expediency, may accede to the request for extradition from another state. But in that case, extradition will be a matter of expediency or goodwill rather than a legally binding obligation. Thus, the extradition regime of a state consists of treaty obligations and domestic laws. These together define under what conditions accused or convict wanted by another state will be handed over.

Generally, extradition of persons implicated in political crimes is not allowed. You can help by adding to it. July Pakistan, since independence, was geo-politically divided into two major regions, West Pakistan and East Pakistan.

East Pakistan was occupied mostly by Bengali people.

extradition treaty between india and pakistan relationship

In Decemberfollowing a political crisis in East Pakistan, the situation soon spiralled out of control in East Pakistan and India intervened in favour of the rebelling Bengali populace. The conflict, a brief but bloody war, resulted in the independence of East Pakistan. The war saw the first offensive operations undertaken by the Indian Navy against an enemy port, when Karachi harbour was attacked twice during Operation Trident and Operation Python.

These attacks destroyed a significant portion of Pakistan's naval strength, whereas no Indian ship was lost. After the surrender of Pakistani forces, East Pakistan became the independent nation of Bangladesh. Kargil War Main article: Kargil War During the winter months ofthe Indian army vacated its posts at very high peaks in Kargil sector in Kashmir as it used to do every year.

Pakistani Army intruded across the line of control and occupied the posts. Indian army discovered this in May when the snow thawed. This resulted in intense fighting between Indian and Pakistani forces, known as the Kargil conflict. Pakistan later withdrew from the remaining portion under international pressure and high casualties.

No official extradition request made by India to Pakistan- The New Indian Express

Other territorial claims You can help by adding to it. March The relations are locked in other territorial claims such as the Siachen Glacier and Kori Creek. Water is cited as one possible cause for a conflict between the two nations, but to date issues such as the Nimoo Bazgo Project have been resolved through diplomacy.

East Bengali refugees InIndia recorded close to 1 million Hindu refugees, who flooded into West Bengal and other states from East Pakistan now Bangladeshowing to communal violence, intimidation and repression from authorities.

The plight of the refugees outraged Hindus and Indian nationalists, and the refugee population drained the resources of Indian states, which were unable to absorb them. Although many Indians termed this appeasement, Nehru signed a pact with Liaquat Ali Khan that pledged both nations to the protection of minorities and creation of minority commissions. Khan and Nehru also signed a trade agreement, and committed to resolving bilateral conflicts through peaceful means.

extradition treaty between india and pakistan relationship

Steadily, hundreds of thousands of Hindus returned to East Pakistan, but the thaw in relations did not last long, primarily owing to the Kashmir conflict. Afghanistan—India relations and Afghanistan—Pakistan relations Afghanistan and Pakistan have had their own historic rivalry over their border, the Durand Linewhich numerous Afghan governments have refused to recognize as the border. This has led to strong tensions between the two countries and even military confrontationsresulting in Pakistan as victorious.

Pakistan has long accused Afghanistan of harboring Baloch separatist rebels and attempting to sponsor separatist tendencies amongst its Pashtun and Baloch populations, going as far back as the s.

It has been believed that Pakistan during the s, then under Zulfikar Ali Bhuttoin retaliation began supporting Islamist factions in Afghanistan. The later Soviet intervention in Afghanistan to prevent further escalation and eventual Islamist takeover of the country proved disastrous afterwards.

The United States and its allies feared direct Soviet involvement in Afghanistan and began aiding Pakistan's support for the Afghan Mujaheddin, in hopes of crippling the Soviet Union.

Pakistan's no-extradition tradition

The Soviet-Afghan war turned out to be a stalemate with heavy casualties on all sides and costly for the Soviets. Under international agreement, the Soviets withdrew. But various Afghan factions fought one another and their external supporters, including the Soviet Union, Iran, Pakistan and others disagreed on which should be in power.

Continued rival proxy support led to the civil warin which Pakistan supported in the Talibanseeking to secure its interests in Afghanistan and providing strategic support, while India and Afghanistan's other neighbors backed the Northern Alliance. After the Taliban defeated the Northern Alliance in much of Afghanistan in the Afghan Civil Warthe Taliban regime continued to be supported by Pakistan — one of the three countries to do so — before the 11 September attacks.

India firmly opposed the Taliban and criticized Pakistan for supporting it. India established its links with the Northern Alliance as India officially recognized their government, with the United Nations. India's relations with AfghanistanPakistan's neighbor, and its increasing presence there has irked Pakistan. The Indian embassy bombing in Kabul was a suicide bomb terror attack on the Indian embassy in KabulAfghanistan on 7 July at 8: Bush confronted Pakistani Prime Minister Yousuf Raza Gilani with evidence and warned him that in the case of another such attack he would have to take "serious action".

Insurgency in Jammu and Kashmir According to some reports published by the Council of Foreign Relationsthe Pakistan military and the ISI have provided covert support to terrorist groups active in Kashmirincluding the al-Qaeda affiliate Jaish-e-Mohammed.

Without an arrangement for extradition, the trials of insurgents will operate sluggishly, as was the case with the charity organisation linked to the militant Lashkar-e-Toiba, Jamaat ud-Dawa. India had asked for the organisation and its network to be shut down, and asked for an extradition of the group's founder Hafiz Saeed inin connection to an attack on the Indian parliamentary building andafter the Mumbai train bombing.

In each case, Saeed was put under house arrest, then released. It wasn't until last November's Mumbai massacre that the government has been able to meaningfully put a terror suspect under house arrest. After the subsequent third house arrest of Saeed, evidence has finally been brought to the Lahore courts linking Jamaat ud-Dawa to al-Qaida. The attacks in Lahore and Peshawar last week are bad omens. The Taliban have issued threats against both cities and small villages.