Why Switzerland does not extradite its own citizens

Illustration: Kai Reusser, Swissinfo

Some countries extradite citizens who are wanted by foreign authorities. Switzerland does not – with one exception.

If someone is wanted in another country, authorities can, through an extradition request, send them back so they can stand trial or serve a sentence.

The process is more complex in practice. Governments take very different approaches to extradition requests, particularly when their own nationals are involved. Hence, the way Switzerland handles this matter is often misunderstood abroad.

Does Switzerland extradite its own citizens?

Under the federal ConstitutionExternal link, citizens can only be extradited with their consent. It reflects a core principle of national sovereignty. Switzerland deals with its citizens in accordance with its own laws.

The policy is rooted in a long-standing distrust of politically motivated justice. In the 19th century, liberal revolutions swept across Europe and helped to shape modern nation states. Reactionary crackdowns followed, curtailing democratic freedoms. Many people fled persecution in biased courts and sought refuge in Switzerland, which gained a reputation as a haven for European exiles. That legacy underpins Swiss law and still shapes how the country approaches extraditionExternal link today.

What happens when Switzerland refuses extradition

Refusing extradition does not mean a case is dropped. Swiss authorities may take over the case, offer mutual legal assistance, or enforce the sentence in Switzerland. The prerequisite is that the alleged offences are also punishable under Swiss law. Seeking refuge at home does not mean escaping justice.

One special case concerns people with more than one passport. If they are in Switzerland, they are not extradited. If they are in another country where they also hold citizenship and face prosecution there, Switzerland has few options. In most cases, it can only provide consular assistance.

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Exception to Switzerland’s extradition rules

The International Criminal Court (ICC) handles the most serious crimes, including genocide, crimes against humanity and war crimes. As a member state, Switzerland has the necessary legal framework and cooperates with the court. Swiss citizens can therefore be handed over to the ICC, although any sentence would then be served in Switzerland.

>>Read more about the principle of universal jurisdiction:

Countries that extradite their own nationals

Only a handful of countries extradite their own citizens. These include the United States, Canada, Ireland, the United Kingdom, Australia and New Zealand. All follow the system of common law, which originated in the UK and is developed primarily through court cases.

This contrasts with the civil law system, which is primarily based on legislative process. It emerged in continental Europe as an extension of the Roman legal system. Although other systems exist and many countries combine different traditions, civil law is more widespread.  

How extradition works in the EU

Across the European Union, the European Arrest Warrant allows member states to pursue suspects beyond their borders. It has replaced older extradition procedures, shortened extradition deadlines, and explicitly made it possible for EU states to surrender their own citizens.

Historically, as in Switzerland, EU states rarely extradited their own citizens. By adopting new procedures like the European Arrest Warrant, the EU is gradually moving towards becoming what EU law calls an “area of freedom, security and justice”. This is an objective set out in the European treatiesExternal link and reflects the idea of an “ever closer union”, which is a core principle of European integration.

Edited by Marc Leutenegger. Adapted from German by David Kelso Kaufher/gw.