The political offense exception--the principle that an individual cannot be extradited to face criminal prosecution for a "political" act--has long been a staple of extradition law. Its existence is a matter of international consensus; almost every modern treaty contains boilerplate language exempting such offenses from its provisions. That consensus abruptly ends, however, at the task of line-drawing. What is or is not "political" conduct has been the subject of controversy since the first exception appeared over 180 years ago.

The changing global landscape of the past several decades has prompted a significant reexamination of the exception's scope. Increasing attention has been drawn to acts of terrorism, internal conflict, and totalitarian oppression--matters previously shelved by the international community during the pendency of the Cold War. The same era has also witnessed diplomatic cooperation and the development of supranational institutions to respond to these atrocities. An increasing number of countries now display a refreshing intolerance for the exploitation of their immigration and asylum procedures by former political leaders, military officials, revolutionaries, and terrorists to avoid domestic prosecution...