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A Criticism Of Extraordinary Rendition

Posted on:2012-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhuFull Text:PDF
GTID:2216330362459767Subject:International law
Abstract/Summary:PDF Full Text Request
After 9/11 attack of terrorism, CIA was authorized to carry out"extraordinary rendition"by the formal President Bush."Extraordinary rendition"means that CIA can arrest the suspects in some other countries without extradite cooperation, which may damages national sovereignty and violate human rights, so it's legally considered controversial. This article tries to make a criticism of extraordinary rendition in the case and theory, analysis and synthesis methods.Firstly, this article debates against extraordinary rendition through analyzing the performance of extraordinary rendition by some typical cases, and points out that extraordinary rendition violates Double Criminality Principle and Principle of Aut Dedere, Aut Judicate. Extraordinary rendition is lack of legitimacy, which not only damages national sovereignty but also violates human rights. Secondly, it criticizes the injustice of extraordinary rendition by taking the"Entrapment"for example. Lastly, this article provides some suggestions for extraordinary rendition, such as making a claim for restricting extraordinary rendition, insisting on the Presumption of Innocence, flexibly adopting the transfer of sentenced persons system in order to protect people as much as possible. In addition, this article advises the government to promote bilateral cooperation on extradition and publicize the related cases in order to improve people's prevention awareness.
Keywords/Search Tags:extradition, extraordinary rendition, state sovereignty, human rights, justice
PDF Full Text Request
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