Sunday, December 02, 2007

I guess we rule the world

US says it has right to kidnap British citizens
AMERICA has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States.

A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.

The admission will alarm the British business community after the case of the so-called NatWest Three, bankers who were extradited to America on fraud charges. More than a dozen other British executives, including senior managers at British Airways and BAE Systems, are under investigation by the US authorities and could face criminal charges in America.

Until now it was commonly assumed that US law permitted kidnapping only in the “extraordinary rendition” of terrorist suspects.

The American government has for the first time made it clear in a British court that the law applies to anyone, British or otherwise, suspected of a crime by Washington.
...
He said that if a person was kidnapped by the US authorities in another country and was brought back to face charges in America, no US court could rule that the abduction was illegal and free him: “If you kidnap a person outside the United States and you bring him there, the court has no jurisdiction to refuse — it goes back to bounty hunting days in the 1860s.”

Mr Justice Ouseley, a second judge, challenged Jones to be “honest about [his] position”.

Jones replied: “That is United States law.”

He cited the case of Humberto Alvarez Machain, a suspect who was abducted by the US government at his medical office in Guadalajara, Mexico, in 1990. He was flown by Drug Enforcement Administration agents to Texas for criminal prosecution.

Although there was an extradition treaty in place between America and Mexico at the time — as there currently is between the United States and Britain — the Supreme Court ruled in 1992 that the Mexican had no legal remedy because of his abduction.
Somebody made a nice comment:
Cool, an infinite loop of kidnappings: The US kidnaps someone in England, breaking English law. So the UK should go to the US and kidnap the parties responsible, for prosecution in England. So the US goes to England and kidnaps the English kidnappers for prosecution in the US. So the English go to America and kidnap... ad infinitum.

I suspect that's why extradition treaties were established in the first place.

Jonathan Hendry, Cambridge, Massachusetts

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