International Child Abduction

unite States v. Toscanino, 500 F.2d 276, 276-78 (2d Cir. 1974). In 1993, the Inter-American Juridical Committee of the Organization of American States expressed the feeling that the United States violated the territorial sovereignty of Mexico when it authorized the abduction of a Mexican doctor who was a curious in the torment and murder of a United States drug enforcement agent. OAS, Permanent Council, heavy Opinion on the Decision of the Supreme Court of the United States of America, 4 Crim. L.F. 119, 125 (1993).

Traditionally, it was not a violation of wonted(a) international law for a country to conjure up jurisdiction over a criminal defendant who had been wrongfully abducted by the agents of that country from an different country. The traditional Roman law rule of male captus, bene detentus ("improperly captured, properly detained") allowed a country to assert criminal jurisdiction over a defendant who had been taken from a foreign country without is permission. See, Ker v. Illinois, 119 U.S. 436 (1886); Frisbie v. Collins, 342 U.S. 519 (1952). Although adopted by around all states in the international connection, this principle defeats the purpose of the some other principle prohibiting unpermitted arrest in a foreign country. Because of the contradiction in terms between the two principles, it has been widely s

Bush, Jonathan A. How Did We Get Here? Foreign Abduction after Alvarez-Machain. 45 Stanford justice Review 939-83 (1993).

Where the act is viewed as a violation of the exclusive suspect's human rights, however, the issue of sanctions and remedies is a bit more complicated. Because popular international law is predicated upon the relations between states, the issue of remedies and sanctions has unceasingly applied to wrongs act by wizard state against another. Where privateistic human rights have been violated it has been argued that no wrong has been committed against any state. In the 1970s, however, several commentators began to argue that the violation of internationally protected human rights gives rise to internationally enforceable rights.

This parameter stated that because individual states have an obligation to insure the sentry go of these rights, all states sharing this common duty are together with affected by the violation of this obligation by one state. Consequently, when one state violates the human rights of a criminal suspect by abducting him from another country, that state injures not save the state from which the suspect was abducted but also every other state which protects these rights. Therefore, the right of remedy/sanction belongs to the international community as a whole. In addition, the infringing country should be prevented from prosecuting the individual suspect; otherwise, the violation would ripen into a lawful end (under the principle male captus). See, Settlement of the Jacob Kidnapping Case (Switzerland-Germany), in 30 Am. J. Int'l L. 23 (1936); In re Jovis, [1933-1939] Ann. Dig. 191 (No. 77) (Tribunal Correctional d'Avesnes, France 1933); function Mantovani, in 69 Revue Generale du Droit International Public, 761 (1965); The Red Crusader, ILR, 35: 485 (Commission of Enquiry (Denmark-United Kingdom) 1967); see also Bassiouni, supra, at 366.

In re Jovis, [1933-1939] Ann. Dig. 191 (No. 77) (Tribunal Correctional d'Aves
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