Die völkerrechtswidrige Entführung und ihre Rechtsfolgen (Cross-border, State-sponsored Abductions of Individuals which are Illegal by International Law

Stephan Wilske’s recently published monograph on cross-border state-sponsored abductions of individuals is useful for readers, because every country can be confronted with this phenomenon relating to its territory or its citizens. In the first part of his book, the author gives a description of the elements constituting cross-border, state-sponsored abductions, justifications under international law and the legal consequences of abductions in contravention of international law. The actus reus requires unilateral action without consent of the foreign state and associating of the action to the abductor state. In addition, the term abduction presupposes either violence or, as it is sufficient to some scholars, luring the person to a place abroad. Legally protected rights in this area are territorial sovereignty, human rights and, especially in the relation between the U.S. and Mexico, extradition treaties. While particularly focusing on the U.S.-led practice, he gives examples of different types of abductions, such as those by persons employed under the U.S. bail-bond system, that have not traditionally been considered illegal abductions...[more]