Firstly I need to correct the error in my last entry, in-fact only one terrorist was successfuly extracted, while the attempt in Somalia failed.
Secondly the main reasons why extraordinary renditions are suprising now, is that Obama stated that he would be moving away from renditions, which had become popular with the previous administration. Especially these ‘irregular renditions’, whereby suspects are kidnapped abroad, have garnered a lot of negative publicity.
During the Bush administration there had been two instances when the wrong suspects had been kidnapped, further damaging the reputation of an already deplorable international act.
If we look at the current situation, where Anas Al-liby was kidnapped and is now being held on a US navy vessel in the mediteranean, probably awaiting transport to the US. How can we assess the legality of the act? It seems that although there may be an agreement between Libya and the US there is no extradition treaty. Currently the question amounts to whether the governement in Tripoli really pre-authorised the abduction of Al-liby, or whether the United States violated Libya’s sovereignty.
International law, concernding extradition, focuses on the illegality of torture over the breach of sovereignty? Furthermore under what law is the captured criminal, or ‘terrorist’ now under, while he is held aboard the US navy vessel in the mediteranean?