'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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