International Extradition United States Law & Practice

by Bassiouni, M. Cherif

• ISBN13: 9780195323177
• ISBN10: 0195323173
• Edition: 5th
• Format: Hardcover
• Copyright: 2007-08-17
• Publisher: Oxford University Press

Summary

This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical and practical evaluations of these aspects and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branchs treaty-making power, as implemented through its foreign relations practice and as scrutinized by the judiciary. Updates to the Fifth Edition include: · Due Process as it relates to Extraordinary Rendition: Gitmo · Due Process as it relates to Abu Ghraib, torture, the war in the Middle East · The issue of Globalization · Updated and more comprehensive finding tools

Author Biography

M. Cherif Bassiouni is a Distinguished Research Professor of Law at DePaul University College of Law and President of the International Human Rights Law Institute. He is also President of the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy, as well as the Honorary
President of the International Association of Penal Law (President 1989-2004), based in Paris, France.

He has served the United Nations in a number of capacities, including as: Member and then Chairman of the Security Council's Commission to Investigate War Crimes in the Former Yugoslavia (1992-94); Commission on Human Rights' Independent Expert on The Rights to Restitution, Compensation and
Rehabilitation for Victims of Grave Violations of Human Rights and Fundamental Freedoms (1998-2000); Vice-Chairman of the General Assembly's Ad Hoc Committee on the Establishment of an International Criminal Court (1995); and Chairman of the Drafting Committee of the 1998 Diplomatic Conference on
the Establishment of an International Criminal Court. In 2004, he was appointed by the United Nations High Commissioner for Human Rights as the Independent Expert on the Situation of Human Rights in Afghanistan.

In 1999, Professor Bassiouni was nominated for the Nobel Peace Prize for his work in the field of international criminal justice and for his contribution to the creation of the International Criminal Court. . He has received the following medals: Grand Cross of the Order of Merit (Commander),
Federal Republic of Germany (2003); Legion dHonneur (Officier), Republic of France (2003); Order of Lincoln of Illinois, United States of America (2001); Grand Cross of the Order of Merit, Republic of Austria (1990); Order of Sciences (First Class), Arab Republic of Egypt (1984); Order of Merit
(GrandUfficiale), Republic of Italy (1977), and Order of Military Valor (First Class), Arab Republic of Egypt (1956).. He has also received numerous academic and civic awards, including the Special Award of the Council of Europe (1990); the Defender of Democracy Award, Parliamentarians for Global
Action (1998) The Adlai Stevenson Award of the United Nations Association (1993); and the Saint Vincent DePaul Humanitarian Award (2000).

Professor Bassiouni is the author of 27 and editor of 44 books, and the author of 217 articles on a wide range of legal issues, including international criminal law, comparative criminal law, and international human rights law. His publications have appeared in Arabic, Chinese, Farsi, French,
Georgian, German, Hungarian, Italian, and Spanish. Some of these publications have been cited by the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia (ICTY), The International Criminal Tribunal for Rwanda (ICTR), the United States Supreme Court, as well
as by several United States Appellate and Federal District Courts, and also by several State Supreme Courts.

Table of Contents

The Values, Policies, and Legal Framework of Extradition in International Law and Practice

Legal Bases for Extradition in the United States Legal Bases for Extradition in the United States

Asylum and Extradition

Disguised Extradition: The Use of Immigration Laws as Alternatives to Extradition

Abduction and Unlawful Seizure as Alternatives to Extradition

Theories of Jurisdiction and their Application

Dual Criminality, Extraditable Offenses, Specialty, and Non-Inquiry

Denial of Extradition: Defenses, Exceptions, Exemptions, and Exclusions

Pre-Trial Proceedings

The Extradition Hearing

The Review Process and Executive Discretion

Surrender and Miscellaneous Matters

Appendices

Multilateral conventions containing provisions on Extradition

Bilateral Treaties of the Untied States

US legislation applicable to Extradition

US Attorneys' Manual, Ch 15

Procedure for Requests by the United States

Table of Authorities

Table of Cases

Subject Index

Table of Contents provided by Publisher. All Rights Reserved.