A violation of International Law

The Second Circuit approach of Appeals in the United States ruled that such an action is an criminal use of force under Article 2, paragraph 4 of the United Nations Charter. United States v. Toscanino, 500 F.2d 276, 276-78 (2d Cir. 1974). In 1993, the Inter-American Juridical delegacy of the Organization of American States expressed the opinion that the United States go against the territorial sovereignty of Mexico when it authorized the abduction of a Mexican gear up who was a suspect in the torture and murder of a United States drug enforcement agent. OAS, durable Council, Legal Opinion on the Decision of the Supreme salute of the United States of America, 4 Crim. L.F. 119, one hundred twenty-five (1993).

Traditionally, it was not a violation of customary international police for a country to tramp legal power over a criminal defendant who had been wrongfully abducted by the agents of that country from other country. The tralatitious Roman law principle of male captus, bene detentus ("improperly captured, properly detained") allowed a country to assert criminal jurisdiction over a defendant who had been taken from a inappropriate country without is permission. See, Ker v. Illinois, 119 U.S. 436 (1886); Frisbie v. Collins, 342 U.S. 519 (1952). Although adopted by almost all states in the international community, this principle defeats the purpose of the other principle prohibiting unpermitted full point in a foreign country. Because of the contradiction between the deuce principles, it has be

Organization of American States, Permanent Council. Legal Opinion on the Decision of the Supreme Court of the United States of America. 4 Criminal Law Forum 119-34 (1993).

American Law Institute. Restatement (third) of Foreign Relations Law. (1987).

It has been suggested that the possible sanctions imposed upon an anger state may include penalty of the state and punishment of the individuals who carried out the abduction. The actual perpetrators and their responsible superiors may be held accountable for the international crime of kidnapping.

The individual suspect may be returned to the state from which he or she was abducted and may also be entitled to compensation for any injuries or damages which resulted from the unit of measurement incident. The state from which the individual was abducted may be entitled to reparations and a formal apology. Bassiouni, supra, at 368. Of course, the individual may also save legal recourse in the courts of any of the states involved in the incident.

Affaire Mantovani, in 69 Revue Generale du Droit International Public, 761 (1965).

Although traditional international law focused upon the rights of states, many international lawyers and commentators assert that many international human rights documents have become cover song as customary international law because of their widespread acceptance. unmatched of the most important of these documents is the 1948 Universal Declaration of Human Rights; this especial(a) document has been singled out as the one most possible to be binding as customary law. The 1968 International meeting on Human Rights issued a solving that the 1948 document "constitutes an stipulation for the members of the international community." Declaration of Teheran, Final Act of the International meeting 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
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