United States v. Verdugo-Urquidez (No 2)

Abstract

Jurisdiction — Executive — Consequences of illegal arrest — Alleged kidnapping of Mexican national in Mexico by United States agents — Whether violation of extradition treaty — Whether court lacking jurisdiction over persons involuntarily before it — Effect of treaty violation

Relationship of international law and municipal law — In general — International restrictions upon the exercise of power by one State in the territory of another — Alleged kidnapping of Mexican national in Mexico by United States agents — Alleged violation of Mexico-United States Extradition Treaty, 1980 — Whether circumstances of arrest precluding trial in the United States

Treaties — Application — Mexico-United States Extradition Treaty, 1980 — Alleged unilateral abduction of Mexican national by United States agents — Whether government sponsored abduction a violation of extradition treaty — Relevance of protest by State from which person abducted and of which person a national — Whether creating derivative right of action in individual — Whether treaty a bar to voluntary surrender of individual without invocation of treaty — Whether failure to protest kidnapping considered consent

Treaties — Interpretation — Object and purpose of extradition treaties — Whether prohibiting government-authorized or sponsored kidnapping of individual from one signatory nation for purpose of trying him in courts of the other — The law of the United States