Abduction of Venezuela's Maduro illegal despite US charges, experts say
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Abduction of Venezuela's Maduro illegal despite US charges, experts say
"There's a very clear limit on enforcement jurisdiction internationally, and that is that one state cannot enforce its law on the territory of another state unless that state gives its consent, said Margaret Satterthwaite, United Nations special rapporteur on the independence of judges and lawyers. So if a state, for example, harboured someone that the US considered a fugitive, the US could approach that state and seek its consent to arrest them and bring them back to the US to stand trial."
"But it cannot go into another country without that state's consent and grab up an individual, even if they are indicted properly by the US court system. Maduro was indicted by the US Justice Department in 2020 on drug and gun charges. He made his first court appearance in New York on Monday after his abduction and professed his innocence, saying that he was kidnapped."
US forces abducted Venezuela's President Nicolas Maduro after he was indicted on drug and gun charges by the US Justice Department in 2020. International law prohibits one state from enforcing its laws on another state's territory without that state's consent. Extradition requires the harboring state's consent and formal procedures; without consent, cross-border seizure is unlawful. Heads of state and high-ranking officials have immunity from foreign prosecution and civil penalties, affirmed by the International Court of Justice and previously recognized by the United States. Using domestic indictments to justify extrajudicial seizure extends enforcement jurisdiction beyond lawful limits and raises serious legal and diplomatic consequences.
Read at www.aljazeera.com
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