Extradition, politics, and human rights

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書誌事項

Extradition, politics, and human rights

Christopher H. Pyle

Temple University Press, 2001

  • : pbk.

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Three hundred years ago, few people cared about the murky pasts of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today, with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender the \u0022regicides\u0022 who had signed the death warrant of Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, \u0022Extradition involves the surrender of human beings -- persons under the protection of our Constitution -- to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe.\u0022

目次

Contents Preface and Acknowledgments Introduction 1. A Nation of Asylum 2. The Extradition of Thomas Nash 3. The Martyrdom of Jonathan Robbins 4. Extradition and Slavery 5. First Principles 6. Offenses of a Political Character 7. Judicial Primary 8. The Uprising Test and Illiberal Revolts 9. Noninquiry 10. Cold War Justice 11. Police Wars 12. Exempting Terrorists 13. Urban Guerrillas Versus Army Death Squads 14. Hijacking to Freedom: Extradite or Punish? 15. Gutting the Political Offense Exception 16. Deportation to Achieve Extradition 17. Retributive Justice and the Second Artukovic Case 18. Extradition as a Substitute for Deportation: Getting Ivan 19. Ivan Who? Getting the Wrong Man 20. The Law of Stolen People I 21. The Law of Stolen People II 22. Rethinking Extradition Appendix Notes Index

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