NCJ Number
131600
Journal
California Western International Law Journal Volume: 21 Issue: 1 Dated: (1990-1991) Pages: 215-243
Date Published
1991
Length
28 pages
Annotation
The concept of conducting an extraterritorial arrest without the consent of the foreign country is controversial because it involves a nonconsensual intrusion on a foreign country's sovereignty.
Abstract
In order to bolster the FBI's capability in the war against drugs, the current administration has recently considered authorizing the FBI to perform extraterritorial arrests and override customary or other international law in doing so. These extraterritorially apprehended fugitives could be prosecuted within constitutional guidelines. This position is not a novel one, however, the carrying out of these arrests is destined to create international unrest. This policy can only be rationally implemented if accompanied by a political remedy for the violations of the raided nation's sovereignty. One such solution is the paying of reparations to the country. These monetary settlements could be negotiated and arbitrated by a neutral third party such as the United Nations. Another approach would be to elevate the perpetration of international drug trafficking to the level of a heinous crime. Heinous crimes are currently subject to universal jurisdiction and would allow participating nations to apprehend, prosecute, and punish international drug traffickers.