After Alvarez-Machain: Abduction, Standing, Denials of Justice, and Unaddressed Human Rights Claims

30 Pages Posted: 12 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 1993

Abstract

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

Suggested Citation

Paust, Jordan J., After Alvarez-Machain: Abduction, Standing, Denials of Justice, and Unaddressed Human Rights Claims (1993). 67 St. John's Law Review 551 (1993), U of Houston Law Center No. 2014-A-36, Available at SSRN: https://ssrn.com/abstract=2448440

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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