Transnational Law, Criminal Law, fugitives, abduction, international criminal court, illegal detention, criminal jurisdiction
In the law and literature relating to the exertion of criminal jurisdiction over the person, there exists a nagging problem that has plagued practitioners, courts and academics alike. The phrase of art is usually something along the lines of "irregular rendition," but the issues are as notorious as they are controversial: what should a court do with an accused criminal brought before it as a result of abduction (or otherwise illegal detention) from a foreign state? And, in particular, should the fact of the illegal or irregular rendition of the fugitive affect either the court's ability or its willingness to take jurisdiction over the case?
Robert J. Currie, "Abducted Fugitives before the International Criminal Court: Problems and Prospects" (2007) 18:3&4 CLF 1.