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Restatement of the Foreign Relations Law of the United States (Revised): Tentative Draft No. 3

Published online by Cambridge University Press:  27 February 2017

Louis Henkin
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Type
Current Developments
Information
American Journal of International Law , Volume 76 , Issue 3 , July 1982 , pp. 653 - 657
Copyright
Copyright © American Society of International Law 1982

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References

1 Tentative Draft No. 1 was considered by the Institute in June 1980, and Tentative Draft No. 2 in May 1981. See 74 AJIL 954 (1980), 75 AJIL 987 (1981).

2 See 75 AJIL at 989.

3 Id. at 989–90.

4 See Ker v. Illinois, 119 U.S. 436 (1886); Frisbie v. Collins, 342 U.S. 519, 522 (1952). Section 433(3) of the Tentative Draft states that under the law of the United States, a person apprehended in a foreign state, whether by foreign or by U.S. officials, and delivered to the United States, may be prosecuted in the United States, but finds an exception where the person “was treated in such outrageous and reprehensible manner as to shock the conscience of civilized society.” Compare United States v. Toscanino, 500 F.2d 267 (2d Cir. 1974); see Tentative Draft No. 3, §433, Comment c and Reporters’ Note 3.

5 630 F.2d 876 (2d Cir. 1980).