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Thursday, November 26, 2009

Parry on International Extradition and Non-Inquiry

1384_john_parry_47857f56eca2976985ae5848d7d2546b  John T. Parry  (Lewis & Clark Law School) has posted International Extradition, the Rule of Non-Inquiry, and the Problem of Sovereignty (Lewis & Clark Law School Legal Studies Research ) on SSRN. Here is the abstract:


The law of international extradition in the United States rests on a series of myths that have hardened into doctrine. Perhaps the most significant is the frequent claim that by its nature, extradition is “an executive function, rather than a judicial one.” This claim, in turn, supports additional rules, such as the “rule of non-inquiry,” under which courts hearing extradition cases may not inquire into the procedures or treatment, including possible physical abuse, that await the extraditee in the requesting state. In its 2008 decision in Munaf v. Geren, for example, the Supreme Court applied this rule to the transfer of two U.S. citizens from U.S. military custody to Iraqi custody for trial in Iraqi courts. In response to their claim that they were likely to be tortured in Iraqi custody, the Court stated that “it is for the political branches, not the judiciary, to assess practices in foreign countries and to determine national policy in light of those assessments.”

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