Jurisdiction Over A Person Abducted From A Foreign Country

Alvarez Machain Case Revisited

Authors

  • Abdul Ghafur Hamid Khin Maung Sein

Keywords:

male captus, bene detentus, improperly captured, properly detained

Abstract

Unless a State is prepared to try a person in absentia, the exercise of enforcing jurisdiction over individuals depends on their physical presence in the territory of the State seeking to exercise jurisdiction. There have been several cases where an individual has been abducted forcibly from the territory of one State to be tried in another. In such cases, the question which arises is whether the abduction bars a court from exercising jurisdiction. 

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Published

2019-01-15

How to Cite

Khin Maung Sein, A. G. H. (2019). Jurisdiction Over A Person Abducted From A Foreign Country: Alvarez Machain Case Revisited. Journal of Malaysian and Comparative Law, 31(1), 69–86. Retrieved from https://sare.um.edu.my/index.php/JMCL/article/view/16263