Judge William M. Hoeveler Rules Noriega Eligible for Extradition to France
Aug-25-07 01:46 pm
Senior District Judge William M. Hoeveler
Yesterday, Senior District Judge William M. Hoeveler ruled that Manuel Noriega is eligible for extradition to France notwithstanding his status as a prisoner of war. Judge Hoeveler's order can be found here. In his order, Judge Hoeveler ruled that the Geneva Convention Relative to the Treatment of Prisoners of War did not preclude his transfer to France in part because the Article 12 of the Convention envisons the possibility of transfer to a third country. Article 12 provides:
Judge Hoeveler noted that France is indeed a party to the Convention and there is every indication that France would comply with its obligations under the Convention.
Judge Hoeveler also noted that even though the Convention on POW's was "silent" on the issue of extradition, Article 45 of the Geneva Convention Relative to the Protection of Civilians provides that:
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.Moreover, Hoeveler explains that the ICRC Commentary on the Convention on Civilians makes it clear that when the term "transfer" is used in Article 45, it may mean "extradition." Accordingly, Judge Hoeveler concludes that it would be logical to assume that the term "transfer" in Article 12 of the POW Convention should also include "extradition."
Despite the fact that the Government argued that the Military Commission Act precluded invocation of the Geneva Convention, Judge Hoeveler wisely avoided commenting on the constitutionality of the MCA.
According to the New York Times:
I am not sure what it means to challenge the order with "the Untied Nations." But we shall see.
About the editor:
Commentary and analysis at the intersection of international law and politics.
9/11 Commission aggression Alien Tort Statute censorship CIA civil liberties civil rights civil war climate change compensation Congress contractors crimes against humanity customary international law cyber security democracy detainee detainees detainess development diplomatic immunity electronic surveillance enemy combatant enemy combatants enviromental law environmental law expropriation extradition foreign law game theory genocide global economy habeas corpus human right human rights humanitarian assistance intelligence International Court of Justice international courts International Criminal Court international criminal law international environmental law international finance international health international law international legal theory international trade just war doctrine law of the sea law of war laws of war military commission military commissions military law multilateral negotiations nationalization natural law North Korea nuclear nonproliferation nuclear proliferation nuclear weapons Outer Space peacekeeping piracy poverty preemption prisoner of war prisoners of war rendition rule of law self-executing separation of powers sovereign wealth fund sovereignty Supreme Court SWF terrorism torture treaties United Nations universal jurisdiction use of force war crimes