Transnational Crime Mitigation in Southeast Asia Through the ASEAN Treaty on Extradition

Abstract

The rapid expansion of transnational crime in Southeast Asia, driven by regional economic integration, increased cross-border mobility, and the growing sophistication of digital technologies, has exposed the limitations of existing extradition mechanisms based primarily on bilateral treaties and Mutual Legal Assistance Treaties (MLATs). These constraints have intensified the need for a comprehensive regional legal framework capable of supporting more effective cross-border law enforcement. This article examines the ASEAN Treaty on Extradition (ATE) as ASEAN’s first multilateral extradition instrument and evaluates its implications for regional criminal justice cooperation, state sovereignty, and the principle of non-intervention. Employing doctrinal legal research through statutory, conceptual, and comparative approaches, the study analyzes relevant international and regional legal instruments alongside scholarly literature. The analysis demonstrates that the ATE establishes a more coherent extradition framework by incorporating fundamental principles, including dual criminality, specialty, procedural safeguards, and human rights protection, thereby addressing many shortcomings of fragmented bilateral arrangements. Nevertheless, disparities in domestic legal systems, uneven ratification, legislative harmonization, and differing interpretations of sovereignty continue to impede its effective implementation. This study argues that the ATE marks a significant step toward an integrated ASEAN criminal justice framework and contributes to the ongoing development of regional legal cooperation by proposing stronger legal harmonization, institutional coordination, and political commitment among ASEAN Member States.