Azra Bašic v. Timothy Steck, 819 F.3d 897

Azra Bašić, a naturalized U.S. citizen and former Croatian army member, is accused by Bosnia and Herzegovina (Republic of Srpska) of wartime crimes against Serbs and faces an extradition request.
The U.S. Department of State filed an extradition complaint (2011) under the 1902 U.S.–Kingdom of Serbia Treaty; a magistrate judge certified extraditability.
Bašić sought habeas relief under 28 U.S.C. § 2241 after the district court denied relief; she appealed.
Two principal legal challenges: (1) whether the Treaty bars extradition of U.S. citizens and (2) whether Bosnia produced the required “warrant of arrest.”
The Bosnian record includes a 2006 court order finding probable cause/detention and a 2007 prosecutor directive referencing detention and issuance of an international arrest warrant; Bosnian law contemplates a court order followed by police-issued warrant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Treaty’s language that a party “shall not be bound to deliver up its own citizens” bars extradition of U.S. citizens absent a new treaty	Bašić: Treaty forbids extradition of U.S. citizens; § 3196 cannot constitutionally override the Treaty	Government: Valentine permits Congress to authorize extradition by statute; 18 U.S.C. § 3196 lawfully empowers the Secretary of State to surrender U.S. citizens when treaty conditions are met	Court: Treaty language does not permanently bar extradition; § 3196 validly authorizes extradition of U.S. citizens when treaty requirements are met; Bašić’s argument rejected
Whether Bosnia produced a “duly authenticated copy of the warrant of arrest” as required by the Treaty	Bašić: The record lacks an explicit “arrest warrant” document (the international arrest warrant is absent), so Treaty requirement not met	Government: The 2006 court detention order, 2007 prosecutor directive, and Bosnian procedural law together constitute a valid arrest warrant (court order + police issuance)	Court: Documents satisfy Bosnian warrant process and Treaty’s warrant requirement; extradition dossier adequate

Valentine v. United States ex rel. Neidecker, 299 U.S. 5 (Sup. Ct.) (executive cannot extradite U.S. citizens absent authority from Congress or treaty)
Munaf v. Geren, 553 U.S. 674 (Sup. Ct.) (reiterating that extradition requires legal authority from Congress or treaty)
Collins v. Miller, 252 U.S. 364 (Sup. Ct.) (direct appeal not available in extradition proceedings)
Grin v. Shine, 187 U.S. 181 (Sup. Ct.) (deference to foreign authority’s characterization of its own process)