Bringing International Fugitives to Justice: Extradition and its Alternatives

by David A. Sadoff

Overview

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.

Product Details

ISBN-13:	9781107567627
Publisher:	Cambridge University Press
Publication date:	05/10/2018
Edition description:	New Edition
Pages:	724
Product dimensions:	6.02(w) x 9.06(h) x 1.57(d)

About the Author

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.

Table of Contents

Introduction; Part I. Background Context: 1. Core terminology: a fresh look; 2. Subject matter jurisdiction; 3. 'Silver platter' scenarios; Part II. Extradition and its Impediments: 4. Extradition; 5. Impediments I: legal standards and governmental factors; 6. Impediments II: individual status and circumstances; 7. Impediments III: inter-state relations and sensitivities; Part III. Remedial and Collateral Means to Secure Extradition: 8. Initiatives, inducements, and interventions; Part IV. Fallback Alternatives to Extradition: 9. Partial or redirected alternatives; Part V. Full-Scale Alternatives to Extradition: 10. Alternative I: reliance on immigration laws; 11. Alternative II: informal law enforcement cooperation; 12. Alternative III: unilateral measures; Part VI. Post-Return Review, Recourse, and Impact: 13. Judicial, diplomatic, and policy dimensions; Conclusion; Glossary; Bibliography; Index.

Editorial Reviews

'Bringing International Fugitives to Justice provides an in-depth and very nuanced discussion of the policies and practical issues concerning extradition and the alternatives. It excels in combining law, diplomacy, and practical aspects concerning the field. It is well researched and annotated. The author's background in government, private practice, and academia enables him to capture well the many issues with which practitioners and policy-makers must grapple. The comprehensive approach to this subject will make it invaluable to a wide variety of professionals.' Bruce Zagaris, Partner, Berliner, Corcoran and Rowe, LLP, Washington, DC, and Editor-in-Chief, International Enforcement Law Reporter

'This is indeed a timely work by a writer with extensive knowledge and relevant experience. Thoroughly examining the nature and scope of extradition, it covers such critical issues as remedial means to secure extradition and the alternatives to extradition, including unilateral measures. It seeks to provide a new analytical framework for understanding the operational means available to a state wishing to bring a fugitive to justice and is thoughtful, proactive, and practical. A study sure to prove influential in a fast-moving and difficult environment.' Malcolm N. Shaw, QC, Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge, and Practicing Barrister, Essex Court Chambers, London

'This is an excellent one-volume analysis of myriad ways that states pursue custody of persons located abroad, through extradition and alternative (sometimes controversial) tactics. Unlike other studies, Sadoff does not focus on a particular state or region, but instead addresses the relevant law, politics, and practice from a global perspective.' Sean D. Murphy, Patricia Roberts Harris Research Professor of Law, George Washington University, and Member, UN International Law Commission

From the Publisher