Bringing International Fugitives to Justice: Extradition and its Alternatives

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Cambridge University Press, Dec 24, 2016 - Law - 722 pages
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.
 

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Contents

Acknowledgments page
xi
Table of Cases
xix
Table of Treaties
xxxix
Table of Municipal Authorities
xlix
Introduction
1
b Scope
7
Significance
19
1
29
Personal Circumstances
266
f Conflict Resolution and National Security
319
Initiatives Inducements and Interventions
327
Partial or Redirected Alternatives
347
Reliance on Immigration Laws
391
Application
406
Human Rights Law Protections
413
e Disguised Extradition
441

State
38
g Surrender
52
Subject Matter Jurisdiction
59
c
68
Silver Platter Scenarios
110
Extradition
129
Vehicles
138
Mechanics
153
Legal Standards and Governmental
184
Individual Status
233
Special Relationships
258
Informal Law Enforcement
454
Unilateral Measures
481
Lawfulness Analysis
501
Judicial Diplomatic and Policy Dimensions
553
Policy Implications
588
Glossary
605
Selected Bibliography
615
Name Index
623
Subject Index
630
Copyright

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About the author (2016)

David A. Sadoff, J.D., Ph.D., most recently was General Counsel at the Rome-based International Development Law Organization. Previously, he served as the first Nepal Country Director for the ABA Rule of Law Initiative; in various legal or policy positions with the US National Security Council, the CIA, and the US Department of State; and as a Litigation Associate with Crowell and Moring LLP. He is also a Senior Research Fellow with the Centre for International Sustainable Development Law.

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