NCJ Number
27904
Date Published
1975
Length
7 pages
Annotation
THIS ARTICLE EXAMINES THE LEGAL IMPLICATIONS OF AN UNLAWFUL SEIZURE BY A COUNTRY OF A FUGITIVE IN THE TERRITORY OF ANOTHER COUNTRY, AND PROPOSES REFORMS TO END SUCH UNLAWFUL SEIZURES.
Abstract
THE AUTHOR FIRST DISCUSSES THE EFFECTS THAT SUCH AN ILLEGAL SEIZURE HAS UPON THE COMPETENCE OF THE MUNICIPAL COURTS, IN MUNICIPAL LAW, OF THE STATE RESPONSIBLE FOR THE SEIZURE. IT IS NOTED THAT UNDER THE LAWS OF THE UNITED KINGDOM AND THE REPUBLIC OF IRELAND, SEIZURE ABROAD OF A FUGITIVE IN VIOLATION OF CUSTOMARY INTERNATIONAL LAW IS NO BAR IN MUNICIPAL LAW TO HIS TRIAL IN THE COURTS OF THE STATE RESPONBILE FOR THE SEIZURE. HOWEVER, INTERNATIONAL LAW WOULD APPEAR TO HOLD THAT NATIONAL COURTS DO NOT HAVE COMPETENCE IN SUCH CIRCUMSTANCES. THE AUTHOR PROPOSES THAT TWO REFORMS BE ADOPTED: EXTRADITION LAWS WHICH EXPLICITLY STATE THAT THE SURRENDER MAY TAKE PLACE ONLY IN THE CONDITIONS PROVIDED FOR BY LAW, AND THE ADOPTION OF AN EXCLUSIONARY RULE RELATING TO THE PERSON OF THE ACCUSED, SO THAT AN ACCUSED WHOSE APPREHENSION INVOLVED A VIOLATION OF INTERNATIONAL LAW CANNOT BE TRIED BY THE MUNICIPAL COURTS OF THE ARRESTING STATE. (AUTHOR ABSTRACT MODIFIED)