Problems with Current International and National Practices Concerning Extraterritorial Abductions

Abstract

Against a background of increasing raison d’Etat this paper reviews the state of international law on the question of extraterritorial abductions and examines whether international and national human rights instruments offer sufficient protection to the abducted criminal in the light of recent practice by international bodies and national courts. Part II briefly describes the general principles of international law governing extraterritorial abductions, including the circumstances when a state may be held responsible for abduction, the consequences facing the abducting state and the extent to which consent or irregular handing over by the state of refuge may preclude the wrongfulness of the act. Part III examines whether abduction and irregular rendition threaten the human rights of the abducted criminal and, if so, whether the captured individual may raise their violation on the international plane and obtain reparation for the injury suffered. Part IV deals with the impact of developments of international law on the jurisdiction of national courts to prosecute the abducted criminal when custody is obtained through illegal means. In conclusion, Part V reflects on the need to combat impunity as well as the necessity of preserving the rights of the individual and suggests a few solutions to the problems highlighted.

Keywords: Human Rights, Extraterritorial Abductions, International Law, Jurisdiction

JEL Classification: K00, K33, K40