Extradition in the Ottoman international legal practice of the nineteenth century

Abstract

This dissertation examines extradition (iade-i mücrimin), the rendition of criminals, in nineteenth century international legal practice of the Ottoman Empire. An examination of extradition cases in the nineteenth century shines a light on the diplomatic stage of world politics, which was characterized mainly by international security policies against transnational crime and crime mobility across the borders. Extradition directly pertained to the major questions hovering over the Ottoman legal operation: capitulations, extraterritoriality (haric-ez memleket), and subjecthood. It is mainly because the capitulatory system and the operation of the consular system hampered the practice of extradition in the Ottoman Empire. However, the increasing mobility at the Ottoman borders necessitated regular communication and diplomatic channels to surrender criminals. It was a world of skillful diplomats, of state officials with expertise in law, and of cunning state politics. It was also a world of professional impostors, fugitive criminals, political refugees, and armed rebels whose transnational mobility and offenses shaped international security policies. These entailed domestic legislative efforts as well as stricter preventive and punitive measures on the international stage. Extradition as a legal practice thus evolved into a protean political question and a diplomatic tool, necessitating its analysis within the broader context of Ottoman history. This study challenges the portrayal of an Ottoman judicial system as weak in legislative and jurisdictional power, which is regarded as operating at the behest of the capitulatory system.