Rendition Lawfare
Abstract
Rendition refers to the practice of capturing and transferring terrorism suspects from one nation to another for interrogation without extradition or removal proceedings. There is no opportunity for the suspect to challenge the accuracy or legitimacy of the process. It has spurred a maelstrom of criticism across Europe and from human rights groups within the United States. Almost all of the literature has evaluated the practice under human rights law or a mixed model using both human rights law and the laws of war. The proper legal standard, however, are the laws of war. Under the laws of war, the legality of rendition hinges on the particular facts. Concerning capture, the Authorization for Use of Military Force (AUMF) permits an aggressive approach, even if it means violating sovereignty and international law. But once capture occurs, the War Crimes Statute, as revised by the Military Commissions Act, requires strict adherence to the laws of war, placing significant restrictions on the transfer and treatment of the suspects. To set a proper example for the world and stay within the rule of law, the United States should significantly revise the transfer and treatment aspects of rendition.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 30, 2007
- Accession Number
- ADA493612
Entities
People
- Kevin M. Cieply
Organizations
- The Fletcher School of Law and Diplomacy