Abducted Fugitives before the International Criminal Court: Problems and Prospects

45 Pages Posted: 21 Jul 2012

See all articles by Robert J. Currie

Robert J. Currie

Dalhousie University - Schulich School of Law

Date Written: 2007

Abstract

In the law and literature relating to the exertion of criminal jurisdiction over the person, there exists a nagging problem that has plagued practitioners, courts and academics alike. The phrase of art is usually something along the lines of "irregular rendition," but the issues are as notorious as they are controversial: what should a court do with an accused criminal brought before it as a result of abduction (or otherwise illegal detention) from a foreign state? And, in particular, should the fact of the illegal or irregular rendition of the fugitive affect either the court's ability or its willingness to take jurisdiction over the case?

Keywords: fugitives, abduction, international criminal court, illegal detention, criminal jurisdiction

Suggested Citation

Currie, Robert J., Abducted Fugitives before the International Criminal Court: Problems and Prospects (2007). Criminal Law Forum, Vol. 18, No. 3-4, 2007, Available at SSRN: https://ssrn.com/abstract=2114312

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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