In brief. The idea of “safe haven” countries beyond the reach of foreign justice is largely a media-fuelled myth. From the Italian perspective, the absence of a bilateral extradition treaty does not mean immunity: multilateral conventions, reciprocity, INTERPOL Red Notices and administrative tools (deportation, refusal of residence permits) operate as alternative paths. This page explains the legal framework to people who are the subject of an extradition request or an international search and need to organise their defence. International Lawyers Associates (ILA) assists in extradition matters, both active and passive, coordinating with foreign counsel.

At a glance

  • Truly “no extradition” countries are rare — many countries cooperate via multilateral conventions or on the basis of reciprocity even without a bilateral treaty.
  • INTERPOL Red Notices circulate in 196 member countries regardless of treaties.
  • Administrative tools (deportation, visa refusal, refusal of residence permits) can lead to removal even without formal extradition.
  • The Italian system distinguishes between extradition with EU states (replaced by the European Arrest Warrant) and extradition with third states (governed by articles 697-722 of the Italian Code of Criminal Procedure).
  • Cooperation with Italy is absent or very limited with a few states (for example Russia and Iran); with others a treaty exists but with limits, such as non-extradition of nationals.
  • The classic limits — political offences, death penalty risk, dual criminality — apply even where treaties exist.

Definition: what “no extradition treaty” actually means

A country with no extradition treaty is a state that has not signed a bilateral extradition treaty with the requesting state. The label does not capture the full picture, because:

  • a multilateral convention (Council of Europe Convention on Extradition 1957, UN conventions on drug trafficking, organised crime, corruption) may apply between the two states even without a bilateral treaty;
  • a request on the basis of reciprocity (without a treaty) is legally possible and sometimes granted;
  • the state of residence may use administrative tools (deportation) to remove the person without formal extradition.

Treaty existence is therefore one parameter among many. Practical likelihood of surrender depends on the bilateral relationship, the nature of the offence and the individual’s nationality.

Italian law: extradition with third states

Italy’s framework for extradition with non-EU states is set out in:

  • Article 10(4) of the Italian Constitution — prohibition of extradition of foreigners for political offences.
  • Article 26 of the Italian Constitution — extradition of Italian citizens (only if foreseen by international convention, never for political offences).
  • Articles 697-722 of the Italian Code of Criminal Procedure — extradition procedure.
  • Council of Europe Convention on Extradition (1957) and additional protocols.
  • Bilateral treaties with several dozen states, including the US, Canada, China, the UAE, Brazil and Argentina (list published by the Italian Ministry of Justice).
  • Multilateral conventions on specific offences.
  • Law 69/2005 — European Arrest Warrant (separate regime for EU states).

Italy’s relations with selected states

The picture below is indicative and subject to change; the main source is the list of bilateral treaties in force published by the Italian Ministry of Justice. Each situation requires verification at the date of the request.

  • Russia: its Constitution bars extradition of its own citizens; there is no bilateral treaty with Italy and, since Russia left the Council of Europe (2022), cooperation is in practice very limited.
  • China: a bilateral extradition treaty is in force (signed in Rome on 7 October 2010, ratified by Law 161/2015); for offences punishable by death, art. 698(2) of the Italian Code of Criminal Procedure applies.
  • United Arab Emirates: extradition treaty signed in 2015 and ratified by Italy with Law 125/2018. No bilateral extradition treaties are recorded with other Gulf states.
  • Iran, North Korea: no bilateral treaty; cooperation absent or very limited.
  • Morocco and Tunisia: bilateral conventions in force (1971, supplemented in 2014, and 1967 respectively), but as a rule they do not extradite their own nationals. With Algeria, the convention signed in 2003 is not in force.
  • Latin America: treaties in force with many states (including Argentina, Brazil, Chile, Mexico, Peru, Paraguay, Uruguay); the 2016 treaty with Colombia has been ratified by Italy but its entry into force must be checked.

What is not a “no-extradition country”

A few common misconceptions.

EU states are not “no extradition” countries. Within the EU the European Arrest Warrant (Framework Decision 2002/584/JHA, in Italy implemented by Law 69/2005) applies. The EAW is a faster, mutual-recognition mechanism: surrender between EU states is the rule, not the exception.

The United States has a treaty with Italy (Rome, 1983). Extradition is routine, subject to the specificities of the US legal system (in particular the probable cause standard).

The United Kingdom continues to cooperate post-Brexit on the basis of the EU-UK Trade and Cooperation Agreement (2020), which includes a surrender mechanism inspired by the EAW.

Switzerland cooperates with Italy under the 1957 European Convention on Extradition, subject to dual criminality and fair-trial guarantees; it does not extradite its own nationals without their consent.

The limits of extradition where it does exist

Even where treaties apply, surrender can be denied or restricted. The classic grounds:

  • prohibition for political offences (article 10(4) of the Italian Constitution);
  • death penalty: extradition is possible only if a final decision imposing a different penalty has been adopted or the death sentence has been commuted (art. 698(2) c.p.p.); diplomatic assurances alone are not enough;
  • dual criminality: the conduct must be a criminal offence in both states;
  • rule of speciality: the requesting state may prosecute the surrendered person only for the offences for which extradition was granted;
  • fair trial guarantees and prohibition of inhuman or degrading treatment (article 3 of the European Convention on Human Rights);
  • ne bis in idem for matters already finally decided;
  • Italian citizenship, only with treaty basis and limits (article 26 of the Italian Constitution).

What happens in practice when no treaty exists

Absence of a treaty is not impunity. Italian authorities can typically activate:

  • INTERPOL Red Notices, alerting 196 member countries;
  • requests based on reciprocity or on multilateral conventions;
  • deportation following visa or residence permit revocation, towards the country of nationality or a third state that cooperates with Italy;
  • asset seizure in Italy or in cooperating jurisdictions.

The right response is always a defence on the merits and before the competent bodies: challenging the Italian measure, checking the legal basis of the request and, where appropriate, challenging the Red Notice before the CCF.

Case examples

(Illustrative examples of typical situations, not referring to specific proceedings; the outcome always depends on the individual case.)

Case 1 — Defence against an extradition request in a third state. A non-Italian national is the subject of an Italian extradition request to a third state without a bilateral treaty. Working with local counsel, the defence argues the absence of dual criminality and fair-trial concerns before the local courts, while challenging the underlying measure in Italy.

Case 2 — Arrest on a Red Notice in a non-treaty state. A person is arrested on the basis of an INTERPOL Red Notice in a state without a bilateral treaty with Italy. The defence files a request with INTERPOL’s Commission for the Control of Files (CCF) and, in parallel, organises the local defence and the defence in Italy.

FAQ

Are there countries with no extradition treaty with Italy? Yes, but many cooperate via multilateral conventions or on the basis of reciprocity. Truly non-cooperating countries are few and the picture is in evolution.

Can Italy still obtain surrender from such a country? Often yes, through alternative tools — INTERPOL Red Notices, reciprocity-based requests, multilateral conventions, deportation, asset seizure.

Does the United States extradite to Italy? Yes, under the 1983 bilateral treaty, subject to the probable cause standard before the US courts.

Can Italy extradite its own nationals? Yes, but only if foreseen by an international convention. Within the EU, the European Arrest Warrant applies to citizens.

Is a Red Notice the same as an arrest warrant? No. A Red Notice is an INTERPOL alert; arrest depends on the national law of the country where the person is found.

When to contact the firm

If you face an extradition request, an INTERPOL Red Notice, or you are concerned about exposure in countries of residence or travel, contact the firm. Early assessment of treaty position, fair-trial defences and procedural windows is decisive.

Call or WhatsApp %%TEL%% or request a confidential consultation — available 24/7, reply within one hour.