Son Dönem Osmanlı Hukuk Eserlerinde Suçluların İadesi Meselesi

Although the exact origins of international law remain uncertain, the cultural elements inherited from the historical experiences of societies have significantly influenced the legal systems and institutions they developed. In this context, examining the international legal system requires taking into account each society’s unique historical and cultural background. From this perspective, the present study explores the topic along two developmental dimensions: historical and legal. The institution of extradition, in fact, has ancient roots. While it was initially applied primarily to political crimes, it began to be implemented predominantly for ordinary crimes from the 19th century onward. In Ottoman legal literature, the extradition of criminals (iade-i mücrimin) was typically carried out through bilateral agreements between states. Accordingly, the Ottoman Empire adopted the practice of incorporating extradition provisions into its treaties, thus formalizing the institution. As a result, extradition became a prominent subject of interest for Ottoman jurists and received extensive coverage in international law textbooks taught in Ottoman law schools. A review of these works reveals that various aspects of the institution were discussed in detail.