OUTER SPACE: A POSSIBLE SAFE HAVEN AND THE JURISDICTIONAL SCORES ON EXTRADITION
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2022
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The need for law offenders to evade arrest, prosecution and possible sentence has led to seeking hideout in different countries. While it may be easy for sovereign states to strike deals in form of bilateral agreement on extradition to return fugitives back to the state where the crime is committed for the purpose of prosecution, it may not be so in other climes. The readiness to return fugitives is responsible for dozens of bilateral agreements between countries. Even when there isn’t any extradition treaty between two countries, there is always the willingness to surrender when the need be as seen in the case between United States of America and China in 2014 when the US returned two corruption suspects to China ahead of a summit between the presidents of the two countries despite the absence of a treaty. Similar arrangement may not be so easy in other hide-outs like outer space as the pristine territory is clothed with the concept of common heritage, belonging to mankind and not to a particular country, International organisation or individual whether juristic or natural. This environment, capable of habitation by human beings, is estimated to begin around 80km-100km above the surface of the earth and has special international legal regimes to regulate human activities. Thus, the question is how will such a fugitive be extradited from places unimaginable like outer space and under whose jurisdiction is the fugitive while in space? This paper will assess the possibilities of fugitives escaping to Outer Space, the legal consequences of their presence i.e under whose jurisdiction and the possibility or otherwise of their extradition from this environment. A qualitative legal research methodology is adopted; and at the end of the work, appropriate recommendation shall be made based on the findings
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Cov.L.J December, 2022, Cov 27(1), 55-66.