NCJ Number
135994
Journal
Southern Illinois University Law Journal Volume: 15 Dated: (Spring 1991) Pages: 599-622
Date Published
1991
Length
24 pages
Annotation
The issue of extraterritorial law enforcement and the role of the judiciary in preventing the Executive Branch from a policy that would sanction violation of international law is addressed.
Abstract
The Justice Department issued an opinion on June 21, 1989 that proposes that FBI agents have the right to arrest U.S. fugitives without the permission of the asylum country. The Bush administration's invasion of Panama and the arrest of Manuel Noriega reflects an interpretation of this opinion to justify the capture. Arguments that support the June 1989 opinion from a historical perspective are considered erroneous and incompatible with the nation's role as a world leader. Historical foundations of the concept of no-inquiry, self-executing and non-self- executing treaties, and commingling with the political question doctrine are examined. The concept of no-inquiry relating to internment is considered counterproductive. Courts must distinguish between self-executing and non-self-executing treaties and must examine legal foundations for governmental practice. Governments should adhere to the provisions of treaties and the principals of international law.