International Abduction of Criminals This advisory opinion wi

Under traditional principles of international law, a state which authorizes the abduction of a criminal suspect in a foreign state and his or her return to the first country in order to face prosecution violates the territorial sovereignty of the second country if that country protests the action. Traditional principles have always held that the offending country must return the suspect to the country from which he or she was taken. Restatement (Third) of Foreign Relations Law º 432(2) & Comment c (1987). Although this particular situation has yet to be ruled upon by an international tribunal, see Quigley, Government Vigilantes at Large: the Danger to Human Rights from Kidnapping Suspected Terrorists, 10 Hum. Rts. Q. 193, 197 (1988), the basic principle has been expounded by several courts in various countries and some international organiz

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al channels, such as extradition proceedings. Consequently, the principle male captus, bene detentus has no effect since the prosecution of such an individual would violate his or her basic rights. Although traditional international law focused upon the rights of states, many international lawyers and commentators assert that many international human rights documents have become binding as customary international law because of their widespread acceptance. One of the most important of these documents is the 1948 Universal Declaration of Human Rights; this particular document has been singled out as the one most likely to be binding as customary law. The 1968 International Conference on Human Rights issued a declaration that the 1948 document "constitutes an obligation for the members of the international community." Declaration of Teheran, Final Act of the International Conference on Human Rights 3, at 4, para. 2, U.N. Doc. A/CONF. 32/41. This 1968 declaration was endorsed by the General Assembly of the U.N. G.A. Res. 2442, 23 U.N. GAOR, Supp. (No. 18) U.N. Doc. A/7218, at 49 (1968). A member of the International Court of Justice has also expressed the opinion that the 1948 document is customary law. Advisory Opinion on
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Approximate Pages = 9 (250 words per page)