EKSTRADYCJA A DOSTARCZENIE W PRAWIE MIĘDZYNARODOWYM
EXTRADITION AND SURRENDER IN INTERNATIONAL LAW

Summary/Abstract: Extradition in international law has been known from ancient times, although the term itself became popular as late as in the 19th century. On the other hand, surrender is a young institution of international law whose creation is associated with establishment in the early 1990s of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, as well as with adoption in 1998 of the Statute of the International Criminal Court. In the document establishing the last of the listed Courts there appeared a distinct differentiation between surrender and extradition. This has started a vivid discussion of the doctrine representatives and its result is a controversy concerning the question whether extradition and surrender are two different institutions, or surrender is only a type, a special form of extradition. The aim of the paper authors is an analysis of the problem and an attempt of its assessment. For this purpose the first part of the consideration has been devoted to the meaning of the term “extradition”, whereas in the second part there is reference to surrender, its specificity, and a separate character of it.

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