NCJ Number
128824
Journal
Connecticut Journal of International Law Volume: 4 Dated: (1989) Pages: 729-765
Date Published
1989
Length
37 pages
Annotation
The case of United States v. Noriega is discussed in terms of the legal issues related to Manuel Noriega's claim of immunity as the head-of-State of a foreign country.
Abstract
The case, involving Noriega's alleged involvement in drug trafficking, is the first criminal indictment ever prosecuted by the United States against an entrenched dictator. Despite Noriega's claim of immunity, the court upheld the validity of the indictment and the court's jurisdiction because of deference to the Executive Branch that prosecuted the case, the determination of the State Department that Noriega was not recognized as the head of Panama, and the clearly illegal nature of the alleged acts. The analysis concludes that head-of-State immunity cases should be decided under the Foreign Sovereign Immunities Act of 1976. In addition, the indictment was a political decision and a diplomatic failure in that it represented a unilateral act that was perceived as inappropriate meddling in a nation's internal affairs. A more appropriate approach to such cases would be a multilateral, international effort to exert diplomatic and political pressure. 253 footnotes