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Introduction by the Chairman
Published online by Cambridge University Press: 28 February 2017
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- Type
- International Procedures for the Apprehension and Rendition of Fugitive Offenders
- Information
- Copyright
- Copyright © American Society of International Law 1980
References
1 Re Castioni [1891] 1 Q.B. 149.
2 Re Piperno, No. 1343-79, Cour d'Appel de Paris, Chambre d'Accusation, lere Section, Oct. 17, 1979. See also, In the Matter of the Extradition of McMullen, Magistrate No. 3-78-1099 MG (CD. Cal. May 11, 1979) (bombing military barracks held incidental to uprising in United Kingdom); In the Matter of the Extradition of Eain, Magistrate No. 79 M 175 (N.D. 111. Dec. 18, 1979) (bombing market place did not constitute attack upon government); In the Matter of Budlong and Kember, Nos. 199/79, 200/79, Q.B.D., Nov. 30, 1979 (burglary engineered by accused did not challenge government).
3 Convention for the Suppression of Unlawful Seizure of Aircraft, 1971, 22 U.S.T. 1641, T.I.A.S. 7192; Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, 1973, T.I.A.S. 8532; International Convention against the Taking of Hostages, 1979, U.N. Doc. A/34/819 (1979) at 5.
4 I. A. SHEARER, EXTRADITION IN INTERNATIONAL LAW 5 et seq. (1971).
5 E.g., United States-Canada, Treaty on Extradition, 1971, 27 U.S.T. 983, T.I.A.S. 8237; United States-France, Extradition Convention, 1909, 37 Stat. 1526, TS 561, 7 BEVANS 872.
6 E.g., Fiocconi and Kella v. Attorney General, 462 F. 2d 475 (2d Cir. 1972), cert, denied 409 U.S. 1059 (1972) (extradited from Italy by comity as offense not listed in treaty).
7 Id. See, 6 M. WHITEMAN, DIGEST OF INTERNATIONAL LAW 737 (1968). See also, United States v. Orsini, 424 F. Supp. 229 (E. D. N. Y. 1976), aff d 559 F. 2d 1206 (2d Cir. 1977); see DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1977 443 at 446 (J. A. Boyd, ed. 1979).
8 E.g., Peroff v. Hylton, 542 F. 2d 1247 (4th Cir. 1976), cert, denied 429 U.S. 1062 (1977) (dictum that extradition may be denied by Executive on humanitarian grounds); Jhirad v. Ferrandina, 536 F. 2d 478 (2d Cir. 1976), cert, denied 429 U.S. 833 (1976) (extradition denied by Secretary of State in disagreement with court as to statute of limitations) see DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1976 114-16 (E. C. McDowell, ed. 1977).
9 LEGAL ASPECTS OF INTERNATIONAL TERRORISM, 494-95 (A. E. Evans and J. F. Murphy, eds. 1978).
10 See United States v. Lira, 515 F. 2d 68 (2d Cir. 1975), cert, denied 423 U.S. 847 (1975) (no direct U.S. involvement where United States requested deportation from Chile); United States ex rel. Lujan v. Gengler, 510 F. 2d 62 (2d Cir. 1975), cert, denied 421 U.S. 1001 (1975) (no inquiry into acts of Bolivian police in deporting accused to United States).
11 Ker v. Illinois, 119 U.S. 436 (1886).
12 E.g., Holmes v. Laird, 459 F. 2d 1211 (D. C. Cir. 1972), cert, denied 409 U.S. 869 (1972) (returned to Federal Republic of Germany); United States ex rel Stone v. Robinson, 309 F. Supp. 1261 (W. D. Pa. 1970) (returned to Japan).
13 See Agee v. Vance 483 F. Supp. 729 (D.D.C. 1980) (comment by court in finding that there was no congressional authorization for Secretary of State to compel plaintiff to return to United States on grounds that his activities abroad were detrimental to national security or foreign policy).
14 500 F. 2d 267 (2d Cir. 1974). On remand, the District Court found that the accused's due process rights had not been violated. 398 F. Supp. 916 (E.D.N.Y. 1975). Cf. United States v. Lara, 593 F. 2d 495 (5th Cir. 1976).