Bringing International Fugitives to Justice: Extradition and Its Alternatives

ISBN-13: 9781107129283 / Angielski / Twarda / 2016 / 722 str.

David S. Sadoff

Opis

A novel and robust framework for the operational and legal analysis of recovering fugitives abroad, Bringing International Fugitives to Justice addresses how States, working alone, in cooperation, or with third-party intervention, strive to secure the custody of fugitives in order to bring them to justice - for prosecution or punishment purposes - while evaluating the lawfulness of those pursuit efforts. The book introduces redefined terms and new concepts to add precision to the discourse; sets forth comprehensive typologies, including of extradition arrangements and impediments; and provides a mapping to account for the full range of means and methods - extradition, collateral and remedial approaches to extradition, and full-scale and fallback alternatives to extradition -by which international fugitives can be retrieved. The study considers the judicial, diplomatic, and policy consequences of reliance on the more aggressive or controversial alternatives, proffering recommendations that, if adopted, could facilitate the recovery of fugitives while minimizing associated risks.

Recenzje

'This is an excellent one-volume analysis of myriad ways that states pursue custody of persons located abroad, through extradition and alternative (sometimes controversial) tactics. Unlike other studies, Sadoff does not focus on a particular state or region, but instead addresses the relevant law, politics, and practice from a global perspective.' Sean D. Murphy, Patricia Roberts Harris Research Professor of Law, George Washington University, and Member, UN International Law Commission

Spis treści

Introduction; Part I. Background Context: 1. Core terminology: a fresh look; 2. Subject matter jurisdiction; 3. 'Silver platter' scenarios; Part II. Extradition and its Impediments: 4. Extradition; 5. Impediments I: legal standards and governmental factors; 6. Impediments II: individual status and circumstances; 7. Impediments III: inter-state relations and sensitivities; Part III. Remedial and Collateral Means to Secure Extradition: 8. Initiatives, inducements, and interventions; Part IV. Fallback Alternatives to Extradition: 9. Partial or redirected alternatives; Part V. Full-Scale Alternatives to Extradition: 10. Alternative I: reliance on immigration laws; 11. Alternative II: informal law enforcement cooperation; 12. Alternative III: unilateral measures; Part VI. Post-Return Review, Recourse, and Impact: 13. Judicial, diplomatic, and policy dimensions; Conclusion; Glossary; Bibliography; Index.