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| The process by which someone is requested to be transported across boundaries for trial |
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| 3 elements of extradition |
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Definition
1)Formal Request
2)List of Crimes and/or evidence
3)Sending of subject |
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| Traditional Extradition Treaty |
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| Has a list of crimes in Treaty |
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| Modern Extradition Treaty |
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Uses bilateral crimes; if the crime in question is a crime in both countries.
*Kosshogi (1989)* |
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British indian in custody on mail ship. Escapes in france, french extradited him back to the brits... changed their minds and wanted him back, citing a charge of illegal entry to the country.
Ruling-No legitimate grounds. |
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| US submitted extradition request to greece. They wanted more evidence and were dissatisfied. Extradited after capture in Turkey. |
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Turkish-Saudi Arabian arms-dealer, implicated in the Iran–Contra affair as a key middleman in the arms-for-hostages exchange. arrested in Switzerland, accused of concealing funds, held for three months and then extradited to the United States where he was released on bail and subsequently acquitted
*issue of non-bilateral crimes: Swiss didn't have racketeering as a crime. |
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U.S. requested extradition, once in America, we tried him for more crimes than were submitted in the extradition request.
sets forth the
*Doctrine of Specialty*
-if extradited for crime x, you can't try for y. |
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| United States v. Alvarez-Machain (1992) |
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Definition
| DEA kidnapped Dr. that facilitated torture. The decision of the United States Supreme Court, held that the fact of respondent's forcible abduction does not prohibit his trial in a United States court |
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| Reasons for Extradition Failure |
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Definition
Politics
Gov't Connections
Benefits to Hosting the fugitives
Nationalism
Human Rights
Political Offense Exception (POE) |
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Ira Einhorn kills Holly Maddux in Philadelphia. Fleas to Ireland, in absentia trial is held. 10yrs later, he's captured in France.
2 issues:
1) the European Court of Human Rights require a new trial when the defendant was tried in absentia
2)France does not extradite defendants to jurisdictions which retain the death penalty without assurance that the death penalty will be neither sought nor applied. |
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Killed former classmate in Maryland, uses Israeli law of return to imigrate to Israel. Extradition is denied, trial held in Israel.
"How domestic law gets in the way" |
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Political Offense Exception to extradition
3 conditions:
1)Action in question has to be open
2)Had to be done in support of political uprising
3)The uprising has to be connected to 2 groups fighting to overthrow the gov't. |
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| Swiss citizen. Stormed the police station, kidnapped gov't officials. Killed a man named Rossi, Escaped to England. Swiss request for extradition denied based on the act being a political offense. |
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| French anarchist, arrested for planting bombs in Paris. Referenced Castione case of 4yrs before. Ruling was against, the group in question didn't try to overthrow the gov't, they tried to destroy it. |
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| Schooner Exchange v. McFadden (1812) |
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Definition
The Schooner Exchange, owned by John M'Faddon Baltimore for Spain. On December 30, 1810, the Exchange was seized by order of Napoleon Bonaparte. The Exchange was then commissioned as a vessel of the French government. M'Faddon claimed ownership and was entitled to possession of the ship, which had docked at a U.S. port. The district court in the case found in favor of the French Government, finding that the defendant had no right to the ship as it belonged to the French government who were properly allies of the United States. The circuit court, on appeal, reversed the decision of the district court, granting property rights to the McFadden. The Supreme Court reversed the circuit court's decision, and affirmed the district court's dismissal of the action.
"Private citizens cannot assert ownership over the property of another State"
*Act of State Doctrine*
-States cannot be held accountable |
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| Vavasseur said he owned the patent for certain armaments on the ship of another nation. Case thrown out due to lack of jurisdiction. |
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| Argentine Republic v. Amerada Hess Shipping Corp. (1989) |
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Definition
Liberian corporations chartered its oil tanker to Hess. Hess was
carrying oil from Alaska, around the southern tip of South America, to the U.S.
Virgin Islands. There was an armed conflict btwn Argentina & UK, and to protect
US interests, the US Maritime Administration gave both UK and Argentina a list of
vessels that would be passing through, and the list included Hess's ship,
Hercules, to ensure the neutral vessel wouldn’t be attacked. On a trip back to
Alaska, Hercules was attacked by Argentine aircraft.
The damages vessel sought refuge in Brazil, and in addition to the damages the vessel sustained, there was an undetonated bomb in one of the tanks. It was determined unreasonably hazardous to attempt the remove the undetonated bomb, so the Hercules had to be destroyed.
The Liberian corporations sued the Argentine Republic in U.S. district court to
recover damages.
"Act of State doctrine" -District court dismissed for lack of jurisdiction. |
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| Ship towed by mexican towing company. Jus gentium Privutum (Co. suing Co.). Even though Mexico had a large stake in the company, the commercial behaviour strips them of their immunity. |
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| Texas Trading v. Federal Republic of Nigeria (1982) |
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Definition
Nigeria needed cement to build structures and overbought (they only
expected 20% of the suppliers to deliver) from several U.S. suppliers. When the
docks couldn't handle all the cargo (too small), Nigeria was no longer able to
accept delivery of the cement and repudiated, Suppliers brought the case in
U.S., and Nigeria is claiming sovereign immunity. Court concludes: Nigeria's
activity qualified as "commercial activity." -and thus is not immune. |
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| Mighell v. Sultan of Johore (1894) |
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Definition
| Sultan of Johore in India, whilst visiting England became engaged to a young English woman to whom he disclosed his untrue identity as that of Albert Baker. The Sultan, having failed to fulfill his promise of marriage, the lady attempted to sue him for breach of promise of marriage. It was held by the British Court that a ruler of an independent sovereign state, Johore, having been so regarded for that purpose, the ruler was immune from legal process unless he decided to wave his immunity and to submit to jurisdiction. |
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| Belgium v. Democratic Republic of Congo |
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Definition
Uerodia Case
Belgium went after the incumbent foreign affairs minister for violation of the Geneva conventions.
Question-Does the officer of a state have immunity? |
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| former president of Chile. Steps down in 98' and keeps title of "senator for life". Domestic law in Chile gives heads of state immunity. Goes for back surgery in England, Spain requests his extradition. Initially turned down, then overturned. 30 charges became 3. |
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| Conventions against torture |
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Definition
| Holds that even heads of state are not immune for human rights violations. |
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-Developed from customary law
-Diplomats are "inviolable" |
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| literally meaning "an unwelcome person" |
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