United States ex rel. Lujan v. Gengler

Abstract

International law in general — Relation to municipal law — Whether individual allegedly abducted in violation of treaty can invoke treaty violation in municipal court — Effect of absence of protest by State in which abduction took place — The law of the United States

State territory — In general — Nature of territorial sovereignty — Alleged abduction of foreign national from foreign country by United States agents — Whether an infringement of territorial sovereignty contrary to the Charter of the United Nations and the Charter of the Organization of American States — Relevance of absence of protest by State in which abduction took place — The law of the United States

The individual in international law — In general — Position of individual in international law — Alleged violation of treaty provisions prohibiting infringement of territorial sovereignty — Absence of protest by injured States — Whether individual can invoke violations before municipal courts — The law of the United States

Treaties — Conclusion and operation — Operation and enforcement — Whether individual can invoke treaty violation in municipal courts — Relevance of absence of protest by injured State — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Defendant allegedly abducted from foreign country by United States agents — Foreign country not protesting — Whether a violation of international law by the United States in the absence of protest — Whether irregular apprehension deprives United States courts of jurisdiction to try the defendant — Charter of the United Nations — Charter of the Organization of American States — The law of the United States