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Irregular Responses to International Crimes

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Chapter Summary

The laws of armed conflict are based on the idea of an active military force, whereas terrorist organisations depend on people operating covertly from within the ordinary population. Modern authority on active de facto extradition, especially international abduction, comes from the U.S.A. An abduction to the United States may be in breach of the U.S. Bill of Rights as well as international law. Extraordinary rendition is different, but cannot be ignored in any attempt to analyze how States respond to international crime. It is obvious that no State would actively encourage a violation of its sovereignty by letting other States abduct fugitives at will. As an alternative to extradition, abduction must be rejected, but it is very unlikely that States will ever completely cease to use deportation, despite Bozano, even if ad hoc extradition develops in future years.

Keywords: armed conflict; de facto extradition; extraordinary rendition; international crime; international law; U.S. Bill of Rights; United States



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