After Alvarez-Machain: Abduction, Standing, Denials of Justice, and Unaddressed Human Rights Claims
30 Pages Posted: 12 Jun 2014
Date Written: 1993
This article addresses the illegality of abductions under international law, including human rights law and the law concerning “denials of justice” to aliens. Also addressed is the Supreme Court’s narrow decision in Alvarez-Machain, which did not address the illegality of transnational abductions under international law. Victims of abduction must have standing and should have an adequate remedy. Exceptions to impermissible abduction should include captures as permissible measures of self-defense or as measures authorized by the U.N. Security Council. Draft legislation and a draft resolution are also offered.
Keywords: abduction, Alvarez-Machain, arbitrary, capture, denial of justice, extradition, human right, implied, international criminal, kidnaping, remedy, Restatement, return, rights of humanity, Security Council, self-defense capture, self-executing, standing, treaty
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