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date: 06 July 2022

Abstract and Keywords

This article discusses renditions, or the surrendering of persons, to foreign jurisdictions. Renditions, when made in accordance with treaty and through a stipulated procedure, are called “ordinary” renditions. However, over the last decades, the United States has pursued a policy of rendering people to nonjudicial authorities outside of treaty and legal processes. These actions were usually done through kidnapping and forcible removal from an asylum country to the receiving jurisdiction. These transfers are called “extraordinary renditions”. These renditions are different from traditional renditions as they are actions accomplished specifically and purposely outside of legal venues. In this article, the focus is on the historical development of extradition and the historical development of presidential claims on the power to engage in extraordinary rendition. It also focuses on how executive claims on extraordinary rendition have been treated by the courts and how that history informs the present practices.

Keywords: renditions, surrendering of persons, ordinary renditions, extraordinary renditions, development of extradition

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