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On article 16 ARSIWA, I agree that an obligation to extradite would not constitute a circumstance precluding the wrongfulness of the requested state’s breach of its obligation not to render aid or assistance in the commission by the requesting state of an unambiguous breach of international law. My point was that it is something of an evidentiary leap from the obligatory surrender of a defendant ‘in circumstances where the requesting prosecuting authority no more than asserts that the defendant is not entitled to procedural immunity before the requesting State’s courts’ to a violation of article 16, not least because the actual availability of immunity from the jurisdiction of the requesting state’s courts is ‘a question for eventual determination by those courts’, not for the prosecuting authority.