'Kidnapping of a fugitive as an alternative to extradition (Western outlook on the problem of the modern international law)' National Security / nota bene nbpublish.com
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Nagdaliev K.Z. Kidnapping of a fugitive as an alternative to extradition (Western outlook on the problem of the modern international law)

Published in journal "National Security / nota bene", 2014-6 in rubric "System and its interactions", pages 874-880.

Resume: The subject of research in this article is the questions that arise with regards to the extradition of individuals. It is worth mentioning that the legal nature of the institution of extradition is not fully clear, including the mechanism of transferring the person; i. e. how exactly is the person handed over by one government to the other and what legal instruments are used in the process; why should the individual be extradited and for what purpose? The author analyzes various points of view of scholars and practical examples, including the infamous case of Abdullah Öcalan. A conclusion is drawn that only the institution of extradition is currently capable of solving such task as the fight against criminality on a global scale. There is no better way or means of transferring a criminal that could replace the extradition. Only the extradition ensures the inviolability of the state sovereignty and territorial integrity of a nation, protects human rights, and safeguards the international law with its fundamental principles.

Keywords: extradition, kidnapping, capture, international law, sovereignty, international criminality, fugitive, forceful actions, judgment.

DOI: 10.7256/2073-8560.2014.6.13608

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Bassiouni M.C. International extradition and public world order // The American Journal of International Law, 1974.
Belton B. Abduction as an alternative to extradition-a dangerous method to obtain jurisdiction over criminal defendants. (Case Note) // Wake Forest Law Review, 1993.
Bifani D. A. Tension between policy objectives and individual rights: rethinking extradition and extraterritorial abduction jurisprudence // Buffalo Law Review, 1993.
Cardozo M.H. When extradition fails, is abduction the solution? // The American Journal of International Law, 1961.
Cryer R. An Introduction to International Criminal Law and Procedure. 2end ed. United Kingdom: Cambridge University. Press M.U.A., 2010.
Extradition and Mutual Legal Assistance Handbook. // John R W D Jones, General Editor. 2-ed. Oxford University Press, 2010.
Gilbert G. The Arrest of Abdullah Öcalan. // Leiden J. intl I. 1999.
Mcneal G.S.; Field B.J. Snatch-and-grab ops: justifying extraterritorial abduction. // Transnational law and contemporary problems, 2007.
Meddoff R. Extradition by abduction violates the rule of law and frustrates United States initiatives abroad. // New England Journal on Criminal and Civil Confinement, 2010.
Rebane K. Extradition and Individual Rights: The Need for an International Criminal Court to Safeguard Individual Rights // Fordham J. Intl I. 1996.
Safarov N. Extradition in International Criminal Law: Problems of Theory and Practice. Moscow, 2005.

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