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International bounty hunters for war criminals: privatizing the enforcement of justice.



CHRISTOPHER M. SUPERNOR [*]

I. INTRODUCTION

International law is often criticized for lacking any formal means of enforcement. [1] International criminal tribunals are not supported by an international police force. Many of the individuals indicted INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted.  by the International Criminal Tribunal for the former Yugoslavia The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the  (ICTY ICTY International Criminal Tribunal for the former Yugoslavia ) remain at large, [2] and the Yugoslavian government has systematically refused to arrest indicted war criminals. [3] Even the October 2000 popular uprising that ousted Slobodan Milosevic from Yugoslavia's presidency has done little to improve Yugoslavia's level of cooperation with the ICTY. Mr. Vojislav Kostunica, Yugoslavia's newly elected president, has not permitted Serbs to be extradited to The Hague. [4] Mr. Kostunica has stated that a Yugoslavian national truth commission should address Yugoslav war crimes. [5] The departing president of the ICTY, Gabrielle McDonald, has criticized the United Nations Security Council (UNSC UNSC United Nations Security Council
UNSC United Nations Space Command (gaming)
UNSC United Nations Staff College
) for "doing too little to help bring indicted people to justice." [6]

Without an international police force, who can the international community rely on to hunt war criminals and bring them to justice? In the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , domestic bounty hunters Name for a category of persons who are offered a promised gratuity in return for "hunting" down and capturing or killing a designated target, usually a person or animal.  have proven more effective at ensuring an alleged criminal's presence at trial than State law enforcement has. [7] Can international bounty hunters prove an efficient means to bring war criminals to justice? [8]

Shortly after Ms. Carla del Ponte Carla Del Ponte (born February 9, 1947 in Lugano, Switzerland) is currently a Chief UN War Crimes Prosecutor. A former Swiss attorney general, she was appointed prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal , the Chief United Nations (UN) prosecutor at the ICTY, called for "creative ways" to arrest fugitive war criminals, on April 21, 2000, in Smederevo, Serbia, Mr. Dragan Nikolic, an indicted war criminal, was handed over to American Stabilization Force soldiers by bounty hunters. [9] The bounty hunters smuggled smug·gle  
v. smug·gled, smug·gling, smug·gles

v.tr.
1. To import or export without paying lawful customs charges or duties.

2. To bring in or take out illicitly or by stealth.
 Mr. Nikolic out of Serbia and handed him over to NATO NATO: see North Atlantic Treaty Organization.
NATO
 in full North Atlantic Treaty Organization

International military alliance created to defend western Europe against a possible Soviet invasion.
 troops in Bosnia who transferred him to the ICTY in the Netherlands. [10] During an April 28, 2000 court appearance, Mr. Nikolic pleaded not guilty to eighty separate war crimes charges and requested that the ICTY dismiss his case on the grounds that his arrest was illegal. [11] On May 17, 2000, Serbian police arrested eight persons in Serbia who were allegedly involved in kidnapping kidnapping, in law, the taking away of a person by force, threat, or deceit, with intent to cause him to be detained against his will. Kidnapping may be done for ransom or for political or other purposes.  Mr. Nikolic. [12] Serbian police claim that unspecified "foreign services" paid [pounds]31,000 (British pounds) for the kidnapping. [13]

This paper discusses the feasibility and practicality of utilizing international bounty hunters to deliver war criminals to justice. Part I of this paper provides a brief overview of some of the available sources of international law that establish war crimes. Part II discusses the international community's growing interest in prosecuting war criminals and the inadequacy of relying on extradition extradition (ĕkstrədĭsh`ən), delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him.  treaties, military forces, and UNSC enforcement sanctions to capture fugitive war criminals. Part III briefly considers the viability of utilizing an international police force to capture war criminals. Part IV analyzes the effectiveness of domestic bounty hunters. Part V discusses the available legal alternatives for establishing international bounty hunters. Part VI discusses whether a bounty hunter's forced abduction Abduction
Balfour, David

expecting inheritance, kidnapped by uncle. [Br. Lit.: Kidnapped]

Bertram, Henry

kidnapped at age five; taken from Scotland. [Br. Lit.
 of an indicted war criminal violates the UN Charter. Part VII explores the practical applications of how an international bounty should function.

II. WAR CRIMES

International and domestic courts rely on treaties applicable to armed conflicts and customary international law In addition to treaties and other expressed or ratified agreements that create international law, the International Court of Justice, jurists, the United Nations and its member states consider customary international law  [14] when defining war crimes. A war crime is defined as any violation of international law governing war. [15] However, only grave breaches of the law involving the mistreatment mis·treat  
tr.v. mis·treat·ed, mis·treat·ing, mis·treats
To treat roughly or wrongly. See Synonyms at abuse.



mis·treat
 of protected individuals are typically prosecuted. [16]

The four 1949 Geneva Conventions Geneva Conventions, series of treaties signed (1864–1949) in Geneva, Switzerland, providing for humane treatment of combatants and civilians in wartime.  [17] protect persons who are not taking an active part in an armed conflict. Protected persons include the sick and wounded, prisoners of war prisoners of war, in international law, persons captured by a belligerent while fighting in the military. International law includes rules on the treatment of prisoners of war but extends protection only to combatants.  and civilians under the control of an occupying force. Murder, torture, inhuman in·hu·man  
adj.
1.
a. Lacking kindness, pity, or compassion; cruel. See Synonyms at cruel.

b. Deficient in emotional warmth; cold.

2.
 treatment and willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful)  causing great suffering or serious injury to a protected person in the course of an international armed conflict are grave breaches to the Geneva Conventions and constitute war crimes. [18] The Additional Protocols of 1977 extended these protections to all civilians. [19] Common Article 3 to the 1949 Geneva Conventions also provides basic fundamental protections to all persons during all armed conflicts, both international and internal. Common Article 3 prohibits murder, torture, the taking of hostages, outrages upon personal dignity, and the carrying out of executions without the judgment of a regularly constituted court. [20]

The Geneva Conventions focus upon the protection of persons during armed conflict, while the Hague Conventions Hague Conventions

Series of international agreements signed at The Hague (1899, 1907). The first conference was requested by Russia to discuss rules to limit warfare and attempt arms limitations.
 [21] focus on the means and methods of warfare. [22] The 1907 Hague Convention The longtime status of Netherlands as a largely neutral nation in international conflicts and the corresponding ascendance of The Hague as a primary location for diplomatic and international conferences has led to several negotiated conventions over the years being termed the  concerning the laws and customs of land warfare Land warfare in the 21st century involves three distinct types of combat units: Infantry, Armour and Artillery. Land forces
Land forces include personnel, weapons platforms, vehicles, and support elements operating on land to accomplish assigned missions and tasks.
 prohibits parties to an international armed conflict from using poisoned weapons, employing arms that are calculated to cause great suffering, and improperly using a flag of truce. [23] The 1907 Hague Convention also requires combatants to protect, as far as possible, buildings of historical or cultural significance, and hospitals. [24]

On December 9, 1948, the United Nations general assembly approved a convention, [25] which established that genocide genocide, in international law, the intentional and systematic destruction, wholly or in part, by a government of a national, racial, religious, or ethnic group. , whether committed in war or peace, is a crime under international law. [26] The convention defined genocide as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group. [27]

The four Geneva Conventions, the Hague Conventions, and the Genocide Convention have all matured into customary international law. [28] Accordingly, all States are legally bound by these conventions regardless of whether or not a State is a party to any of the conventions. Individuals who violate any of these conventions during an armed conflict may be prosecuted as a war criminal. [29] Additionally, under customary international law, a commander may be held accountable for his subordinates' war crimes if he knew or should have known that his subordinates were involved in war crimes and he did not take reasonable measures to prevent the crimes. [30] Domestic criminal courts generally rely on the above sources of international law for the prosecution of a war crime.

The recent international war crimes tribunals for the Former Yugoslavia and Rwanda were each provided with a statute drafted by the UNSC that codified cod·i·fy  
tr.v. cod·i·fied, cod·i·fy·ing, cod·i·fies
1. To reduce to a code: codify laws.

2. To arrange or systematize.
 the specific war crimes that each court could prosecute. [31]

The statute for the ICTY provides jurisdiction for grave breaches of the 1949 Geneva Conventions, violations of the law or customs of war, genocide, and crimes against humanity. [32] Under the ICTY statute, crimes against humanity include murder, enslavement en·slave  
tr.v. en·slaved, en·slav·ing, en·slaves
To make into or as if into a slave.



en·slavement n.
, torture, rape, and the deportation deportation, expulsion of an alien from a country by an act of its government. The term is not applied ordinarily to sending a national into exile or to committing one convicted of crime to an overseas penal colony (historically called transportation).  and persecution of any civilian population on racial, political or religious grounds. [33] The statute for the International Criminal Tribunal for Rwanda
Further information: Rwandan Genocide


The International Criminal Tribunal for Rwanda (ICTR) (French: Tribunal pénal international pour le Rwanda, Kinyarwanda: Urukiko Nshinjabyaha Mpuzamahanga rwagenewe u Rwanda
 (ICTR ICTR International Criminal Tribunal for Rwanda ) provides jurisdiction for breaches of common Article 3 to the 1949 Geneva Conventions, violations of the 1977 Additional Protocol II, and crimes against humanity. [34] The list of crimes against humanity for the ICTR and the ICTY are identical. [35] However, the statute for the ICTY requires a nexus to the armed conflict before there can be a crime against humanity In international law a crime against humanity is an act of persecution or any large scale atrocities against a body of people, and is the highest level of criminal offense.  while the statute to the ICTR only requires a crime against humanity to be committed as part of a widespread or systematic attack against any civilian population. [36]

On July 17, 1998, at a UN Diplomatic Conference in Rome, 120 States voted to establish a permanent International Criminal Court (ICC ICC

See: International Chamber of Commerce
). [37] The ICC will come into force when 60 States or more have ratified rat·i·fy  
tr.v. rat·i·fied, rat·i·fy·ing, rat·i·fies
To approve and give formal sanction to; confirm. See Synonyms at approve.
 or accepted the court's statute. [38] The ICC statute provides jurisdiction for the ICC to prosecute genocide, crimes against humanity, war crimes, and the crime of aggression. [39]

III. JUSTIFYING THE NEED FOR AN INTERNATIONAL BOUNTY HUNTER

The international community's interest in the prosecution of war criminals has never been greater. For the first time since World War II, international prosecutions for war criminals are not just a theoretical possibility. The international criminal tribunals for the Former Yugoslavia and Rwanda demonstrate the UNSC's ability and willingness to create ad hoc For this purpose. Meaning "to this" in Latin, it refers to dealing with special situations as they occur rather than functions that are repeated on a regular basis. See ad hoc query and ad hoc mode.  tribunals for specific armed conflicts. Recent proposals have discussed the possibility of creating additional ad hoc tribunals to prosecute war crimes that were committed in Kosovo, Sierra Leone Sierra Leone (sēĕr`ə lēō`nē, lēōn`; sēr`ə lēōn), officially Republic of Sierra Leone, republic (2005 est. pop. 6,018,000), 27,699 sq mi (71,740 sq km), W Africa. , and Cambodia. [40] The ICC is evidence of the growing support for a permanent standing international court to prosecute war crimes. States have also demonstrated a renewed interest in using their domestic courts to prosecute war criminals. [41]

Universal jurisdiction under customary international law gives States the right to use their domestic courts to prosecute war criminals. [42] Customary international law obligates States to search for, prosecute, or extradite ex·tra·dite  
v. ex·tra·dit·ed, ex·tra·dit·ing, ex·tra·dites

v.tr.
1. To give up or deliver (a fugitive, for example) to the legal jurisdiction of another government or authority.

2.
 war criminals. [43] The 1949 Geneva Conventions obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 States to enact domestic legislation to enable the State to fulfill its obligation to prosecute war criminals. [44] After the 1949 Geneva Conventions, the United States relied on Articles 18 and 21 of the Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ) was enacted by Congress in 1950 (10 U.S.C.A. § 801 et seq.) to establish a standard set of procedural and substantive criminal laws for all the U.S. military services. (It went into effect the following year.  (UCMJ An abbreviation for the Uniform Code of Military Justice (10 U.S.C.A. § 801 et seq.). ) to fulfill its obligation under international law to have a domestic forum for the prosecution of war criminals. Article 18 of the UCMJ permits the United States military to try by general courts-martial its own military member or any prisoner of war PRISONER OF WAR. One who has been captured while fighting under the banner of some state. He is a prisoner, although never confined in a prison.
     2. In modern times, prisoners are treated with more humanity than formerly; the individual captor has now no
 for violations of the law of war. [45] Article 21 of the UCMJ permits the United States military to try any individual at a military commission for violations of the law of war. [46] Recently, in 1996, the United States enacted the War Crimes Act to expand federal court jurisdiction over war crimes to include the prosecution of violations of common Article 3 to the 1949 Geneva Conventions provided that a victim or the offender is a United States citizen. [47]

In 1999, Spain relied on universal jurisdiction to request the extradition of General Pinochet from the United Kingdom for alleged human rights violations committed in Chile. [48] Although Spain's extradition request was denied based upon Britain's determination that the 84-year-old Pinochet was mentally unfit to stand trial, this case emphasizes the continuing validity of universal jurisdiction. [49] The Pinochet case also established the precedent that there is no immunity for a sitting head of State who commits crimes against humanity. [50]

The continuing efforts of States to use their domestic courts to prosecute war criminals and the recent creation of international war crime tribunals will lead to increasing numbers of indicted war criminals. However, attempts by domestic or international courts to prosecute war criminals are often frustrated frus·trate  
tr.v. frus·trat·ed, frus·trat·ing, frus·trates
1.
a. To prevent from accomplishing a purpose or fulfilling a desire; thwart:
 because there is not an effective means to obtain custody over alleged war criminals.

States are obligated under the 1949 Geneva Conventions to try individuals who commit or order grave breaches before their own criminal courts or to hand over such persons for trial in another State. [51] The duty to extradite also exists in Additional Protocol I and the Genocide Convention. [52] Additionally, the UN General Assembly has repeatedly asserted that a State's refusal to cooperate in the arrest, extradition, trial, and punishment of persons accused of war crimes is contrary to the UN Charter. [53] Both the ICTY statute and the ICTR statute require States to cooperate with the international criminal tribunals by arresting and extraditing persons accused of war crimes. [54]

While States are obligated under international law to cooperate with any efforts to prosecute war criminals, the international community lacks effective enforcement measures for noncompliance noncompliance

failure of the owner to follow instructions, particularly in administering medication as prescribed; a cause of a less than expected response to treatment.

noncompliance 
. [55] The international community is overly dependent upon each State's willingness to comply with its obligations under international law. The use of extradition treaties, military forces, and enforcement sanctions by the United Nation Security Council have each proven to be an ineffective means of obtaining custody of an international fugitive. [56]

If a State is seeking custody of an individual present in another State, that State may seek extradition of that individual pursuant to an existing extradition treaty between those two States. However, not every State chooses to enter into extradition treaties. Even when there is an extradition treaty between two States, the treaty may only provide that extradition is discretionary. [58] For example, the extradition treaty between the United States and Mexico does not require either State to extradite its citizens. [59] The United States does not consider its own extradition treaties as creating a per se obligation to extradite. The United States' view is that the State's right to protect its sovereignty and its right to grant asylum overrides a State's treaty obligation to extradite. [60]

Where no treaty exists, a State may seek extradition based upon the customary international law principles of reciprocity reciprocity

In international trade, the granting of mutual concessions on tariffs, quotas, or other commercial restrictions. Reciprocity implies that these concessions are neither intended nor expected to be generalized to other countries with which the contracting parties
 and comity Courtesy; respect; a disposition to perform some official act out of goodwill and tradition rather than obligation or law. The acceptance or Adoption of decisions or laws by a court of another jurisdiction, either foreign or domestic, based on public policy rather than legal . [61]

Reciprocity is an exchange of fugitives between States. Under the principle of reciprocity, a State extradites an individual to a government requesting extradition in exchange for that government's promise to extradite an individual from their territory. [62] The principle of comity is when a State chooses to extradite an individual as an act of courtesy or good will. [63]

Extradition requests, whether based upon treaties or customary international law, are often cumbersome and ineffective. Nations are often unable or unwilling to arrest and extradite indicted criminals. The existence of non-cooperative States effectively creates safe havens Safe Havens is a comic strip drawn by cartoonist Bill Holbrook and syndicated by King Features Syndicate. Started in 1988, the strip is currently published in more than 50 newspapers.  for international fugitives. [64] The best evidence of the failings of extradition requests is the frequent examples of State abductions and the tolerance of these abductions by domestic courts. The abduction of an individual by State agents within the jurisdiction of another State without its consent violates the sovereignty and territorial integrity Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states. Conversely it states that border changes imposed by force are acts of aggression.  of that State. [65] Furthermore, a State-sponsored abduction violates the UN Charter, which prohibits a State from using force against another State except in self-defense (Law) in protection of self, - it being permitted in law to a party on whom a grave wrong is attempted to resist the wrong, even at the peril of the life of the assailiant.
- Wharton.

See also: Self-defense
. [66] Out of frustration, States have repeatedly resorted to abducting ab·duct  
tr.v. ab·duct·ed, ab·duct·ing, ab·ducts
1. To carry off by force; kidnap.

2. Physiology To draw away from the midline of the body or from an adjacent part or limb.
 an alleged criminal in violation of international law as the only available means to obtain custody. [67]

On May 11, 1960, "Israeli agents abducted abducted Distal angulation of an extremity away from the midline of the body in a transverse plane and away from a sagittal plane passing through the proximal aspect of the foot or part, or away from some other specified reference point  Adolf Eichmann Noun 1. Adolf Eichmann - Austrian who became the Nazi official who administered the concentration camps where millions of Jews were murdered during World War II (1906-1962)
Eichmann, Karl Adolf Eichmann
, a Nazi war criminal infamous for his role in Hitler's 'final solution,'" from Argentina and flew him to Israel. [68] In February 1963, Argoud, a leader of a military revolt against President DeGaulle was kidnapped Kidnapped

caught in the intrigues of Scottish factions, David Balfour and Alan Breck are shipwrecked, escape from the king’s soldiers, and undergo great dangers. [Br. Lit.: R. L. Stevenson Kidnapped]

See : Adventurousness
 from Munich, West Germany West Germany: see Germany. . [69] In 1964, Egyptian agents attempted to kidnap Mordecai Luk, an alleged double agent for Egypt and Israel, by shipping him in a trunk to Egypt. [70]

"As a long-standing practice, U.S. law enforcement agents occasionally engaged in state-sponsored abductions in lieu of extradition as a more expedient means of arresting fugitive offenders in foreign jurisdictions." [71] On June 21, 1989, the United States Department of Justice “Justice Department” redirects here. For other uses, see Department of Justice.
The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States
 expressed its opinion that the President has constitutional authority to direct the Federal Bureau of Investigation Federal Bureau of Investigation (FBI), division of the U.S. Dept. of Justice charged with investigating all violations of federal laws except those assigned to some other federal agency.  to abduct abduct /ab·duct/ (ab-dukt´) to draw away from the median plane, or (the digits) from the axial line of a limb.abdu´cent

ab·duct
v.
 a fugitive from a foreign State even if those actions violate international law. [72] In 1989, United States military forces abducted General Manuel Noriega

    For other people named Noriega, see Noriega (disambiguation).
Manuel Antonio Noriega Moreno (born February 11, 1934<ref name="c" />) was a Panamanian general and the de facto military dictator of Panama from 1983[1]
 from Panama to face United States drug-dealing charges. [73] United States DEA DEA - Data Encryption Algorithm  agents offered former Mexican police officers a $50,000 reward to abduct Dr. Humberto Alvarez-Machain who was wanted by United States law enforcement for helping drug lords torture a DEA agent. [74] On April 3, 1990, the former Mexican police officers abducted Dr. Machain and delivered him to the United States. [75] On July 15, 1993, in Nigeria, FBI agents abducted Omar Mohammed Ali Rezaq, a Palestinian who was wanted for killing one American and injuring another during the hijacking hijacking

Crime of seizing possession or control of a vehicle from another by force or threat of force. Although by the late 20th century hijacking most frequently involved the seizure of an airplane and its forcible diversion to destinations chosen by the air pirates, when
 of an Egyptian airline. [76]

For the most part, domestic courts have tolerated State-sponsored abductions by holding that a State's illegal or irregular method in bringing a defendant to court does not divest To deprive or take away.

Divest is usually used in reference to the relinquishment of authority, power, property, or title. If, for example, an individual is disinherited, he or she is divested of the right to inherit money.
 the court of its jurisdiction over the defendant. The United States Supreme Court United States Supreme Court: see Supreme Court, United States.  has held that a State-sponsored abduction in violation of international law did not deprive a federal court of criminal jurisdiction over the abducted individual. [77] The ICTY has not yet decided whether it will continue to maintain personal jurisdiction over an abducted individual. [78] Despite judicial tolerance of the practice, State sponsored abductions are not an acceptable solution for obtaining custody of war criminals. State sponsored abductions violate customary international law [79] and undermine world public order by encouraging the erosion of international law. [80]

The UNSC could use its enforcement powers to lawfully authorize a military invasion of a State to forcibly forc·i·ble  
adj.
1. Effected against resistance through the use of force: The police used forcible restraint in order to subdue the assailant.

2. Characterized by force; powerful.
 remove an indicted war criminal. [81] However, authorizing a large-scale military invasion to pursue one person seems counter-productive to the UNSC's mission of maintaining international peace and security since the use of a large military force to capture a protected fugitive would most likely lead to an armed conflict. In any event, even if the UNSC authorized a large-scale military invasion to hunt for a fugitive war criminal, it is doubtful that such a mission would succeed. [82] The use of a large-scale military invasion force is not an efficient enforcement mechanism to capture war criminals. Military forces are not trained to hunt for individual fugitives. A single individual is easy to hide, and a large-scale military invasion might only prompt the fugitive to relocate to another State.

The UNSC could limit its authorization to the use of small-scale military forces to capture an indicted war criminal. A small, clandestine CLANDESTINE. That which is done in secret and contrary to law.
     2.Generally a clandestine act in case of the limitation of actions will prevent the act from running.
 military strike force might be able to successfully capture a suspected war criminal without provoking an armed conflict since a small military force could enter a State by stealth as opposed to brute force (programming) brute force - A primitive programming style in which the programmer relies on the computer's processing power instead of using his own intelligence to simplify the problem, often ignoring problems of scale and applying naive methods suited to small problems directly . However, it would be extremely difficult for the UNSC to craft resolutions on an ad hoc basis that authorize States to use military forces to pursue a suspected war criminal but also restrict this grant of authority to use of only a small-scale strike force. [83] Furthermore, any UNSC resolution that called upon all States to undertake a small-scale military operation to abduct an indicted war criminal would also provide an advance warning of such an operation to the fugitive. Accordingly, ad hoc resolutions for small-scale military operations This is a list of missions, operations, and projects. Missions in support of other missions are not listed independently. World War I
''See also List of military engagements of World War I
  • Albion (1917)
 would undermine the element of surprise that would be essential for the operation's success. If the UNSC had its own standing m ilitary force, it could avoid this problem, but at present the UNSC is ill-equipped to authorize small-scale military operations to abduct indicted war criminals.

Even when a State's military force is already present in a foreign State by invitation or pursuant to a UN' mission, military commanders would still be reluctant to take on the responsibility of hunting war criminals since the search and apprehension of suspected war criminals would usually be counter productive to the commander's peacekeeping or peace-enforcement mission. Neutrality is the key to effective peacekeeping and peace-enforcement. It is hard to be perceived as neutral when military forces are actively engaged in the pursuit of alleged war criminals. [84]

Both the United States and NATO were reluctant to use military forces in Bosnia to hunt for indicted war criminals in Bosnia. [85] NATO policy was to arrest indicted war criminals only if they were encountered in the course of normal operations Generally and collectively, the broad functions that a combatant commander undertakes when assigned responsibility for a given geographic or functional area. Except as otherwise qualified in certain unified command plan paragraphs that relate to particular commands, "normal operations" of . [86] The Pentagon insisted that the arrest of suspected war criminals was the responsibility of local law enforcement or political authorities Political authorities hold positions of power or influence within a system of government. Although some are exclusive to one or another form of government, many exist within several types. . [87] The real reason for the military's reluctance was that any aggressive effort on their part to hunt indicted war criminals would jeopardize jeop·ard·ize  
tr.v. jeop·ard·ized, jeop·ard·iz·ing, jeop·ard·izes
To expose to loss or injury; imperil. See Synonyms at endanger.
 the negotiated peace. [88]

The UNSC could employ other enforcement sanctions besides authorizing a military invasion to compel the extradition of an indicted war criminal. However, the use of economic and political enforcement sanctions have proven ineffective at compelling a non-cooperative State to render custody of an international fugitive. In November 1999, the UNSC imposed economic sanctions Economic sanctions are economic penalties applied by one country (or group of countries) on another for a variety of reasons. Economic sanctions include, but are not limited to, tariffs, trade barriers, import duties, and import or export quotas.  against Afghanistan for harboring Bin Laden after he was indicted on United States criminal charges for masterminding the United States 1998 embassy bombings in Kenya and Tanzania. [89] The UNSC ordered all States to freeze Afghanistan government assets and banned all flights to Afghanistan. [90] However, to date, the UNSC enforcement sanctions have not convinced Afghanistan to hand over Bin Laden. [91]

As the interest in prosecuting war criminals grows so to will the need for international bounty hunters. Although States are obligated under international law to cooperate with the prosecution of war criminals, far too frequently States are unable or unwilling to fulfill their obligation. The use of extradition treaties, military forces, and sanctions by the UNSC have, often proved to be ineffective tools for obtaining custody of suspected war criminals. If the international community is truly interested in prosecuting war crimes, then it needs to find effective legal alternatives for obtaining custody over fugitives. Establishing an international police force or authorizing international bounty hunters could provide the international community with an effective means to bring war criminals to justice.

IV. INTERNATIONAL POLICE FORCE AS AN ALTERNATIVE TO BOUNTY HUNTERS

The UNSC could consider creating a permanent international police force as opposed to relying on private international bounty hunters. Although the UN does not have a permanent standing international police force, the UN frequently creates ad hoc international police forces to assist with particular peace operations A broad term that encompasses peacekeeping operations and peace enforcement operations conducted in support of diplomatic efforts to establish and maintain peace. Also called PO. See also peace building; peace enforcement; peacekeeping; and peacemaking. . In 1998, approximately 3,000 civilian police officers were engaged in peace promoting missions throughout the world. [92] The capabilities of United Nation civilian police officers do not go much beyond traditional monitoring, training, or advisory tasks, however. [93] United Nation civilian police officers can not substitute as law enforcement for a failed State. [94] In a host nation with a functioning government, UN police officers can not operate without the cooperation of the host nation's government and law enforcement officers. The UN sends civilian police officers to rebuild and reform a host State's police force, not to perform law enforcement. The ad hoc United Nation civilian police fo rces that have been used in the past are incapable of capturing indicted war criminals in an uncooperative State. If the UN wanted an international police force to apprehend indicted war criminals, it would need to create a permanent standing police force. Such a force would need to be heavily armed and be prepared to enter a foreign State with armed force. A permanent international police force capable of arresting fugitive war criminals from rogue States Noun 1. rogue state - a state that does not respect other states in its international actions
renegade state, rogue nation

body politic, country, nation, res publica, commonwealth, state, land - a politically organized body of people under a single
 might more closely resemble a military force than a civilian police force.

The creation and management of a permanent international police force for apprehending war criminals would involve substantially more effort than the creation of a legal framework to permit the operation of international bounty hunters. The UN Charter envisioned that the UN would possess its own standing military force but this has never occurred. [95] If, after approximately fifty years, the Years, The

the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109]

See : Time
 UN has been unable to implement its original intent of possessing a standing military force; it is difficult to envision the creation of a standing international police force. The cost of maintaining an international police force would be enormous. [96] Even if the UN could convince its member States to fund and man an international police force, it is questionable whether the UN could effectively manage such a force. Who would control the day-to-day operations of an international police force? How many locations throughout the, world would an international police force need to be effective? These issues are beyond the scope of this article. Even if there were an international police force, the possibility of having a system of international bounty hunters would still be viable. Just as domestic bounty hunters thrive in the United States alongside state law enforcement, they could contribute to the apprehension of war criminals in the presence of an international police force.

V. WHAT MAKES A BOUNTY HUNTER EFFECTIVE?

Each year in the United States, approximately seven thousand bounty hunters arrest between 25,000 to 30,000 fugitives. [97] Bounty hunters have proven themselves more efficient than law enforcement at ensuring a defendant's presence at trial. [98] How do domestic bounty hunters work?

In the United States, in order to be released after arrest, most defendants hire a bail bondsman bail bondsman n. a professional agent for an insurance company who specializes in providing bail bonds for people charged with crimes and awaiting trial in order to have them released.  to post a bond with the court. [99] The State then delivers custody of the defendant to the bail bondsman who must return the defendant to the court to receive a refund of his bond. [100] When the State transfers custody of the defendant to the bail bondsman, it also transfers powers to search for and arrest the defendant. [101] To guarantee a defendant's presence in court, bail bondsmen hire bounty hunters who are fully vested with the bail bondsmen's broad powers over the defendant. [102]

In 1872, the United States Supreme Court held that bounty hunters possess the same rights of search and arrest as a sheriff over an escaping prisoner. [103] Bounty hunters are legally entitled to break into a suspect's home and use whatever force is necessary, including deadly force An amount of force that is likely to cause either serious bodily injury or death to another person.

Police officers may use deadly force in specific circumstances when they are trying to enforce the law.
, to arrest a fugitive. [104] Despite these sweeping powers, domestic bounty hunters are largely unlicensed and unregulated because they are viewed as private parties to whom constitutional restrictions do not apply. [105] Recently, several States have enacted or are considering enacting laws to regulate domestic bounty hunters. [106]

A domestic bounty hunter is paid only if he presents the fugitive or his death certificate to the court. [107] But financial incentives alone do not provide bounty hunters the necessary tools to hunt fugitives. Domestic bounty hunters could not exist without the legal immunity for the forceful acts necessary to arrest a fugitive. Without this immunity, domestic bounty hunters would face criminal and civil liability for their forceful acts in apprehending fugitives. [108]

Likewise, an efficient system of international bounty hunters could not exist absent a legal immunity from State domestic laws for the forceful acts necessary to apprehend an indicted war criminal. A bounty might encourage someone to provide information concerning the whereabouts of a war criminal, but in most cases it would not encourage someone to pursue a war criminal's apprehension. No matter how large the reward, a private party would be foolish to attempt to arrest a war crimes fugitive when faced with the risk of criminal convictions for kidnapping and other offenses under domestic law. The Serbian bounty hunters who kidnapped Mr. Nikolic were convicted by a Serbian court and sentenced to serve two-to-six years of imprisonment Imprisonment
See also Isolation.

Alcatraz Island

former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218]

Altmark, the

German prison ship in World War II. [Br. Hist.
. [109] The nine men who captured Mr. Stevan Todorovic for a bounty were also convicted by a Serbian court in the town of Uzice and received from one and a half years to eight and a half years of imprisonment. [110] An efficient system of international bounty hunters can not be e stablished without legal immunity for the forceful acts necessary to apprehend and deliver a war criminal to trial.

VI. ESTABLISHING INTERNATIONAL BOUNTY HUNTERS

Generally, sovereign States <noinclude></noinclude>
The terms country, state, and nation can have various meanings. Therefore, diverse lists of these entities are possible.
 are free to criminalize crim·i·nal·ize  
tr.v. crim·i·nal·ized, crim·i·nal·iz·ing, crim·i·nal·iz·es
1. To impose a criminal penalty on or for; outlaw.

2. To treat as a criminal.
 conduct that occurs on their territory. However, in certain specific circumstances, the international community has chosen to pierce the veil of State sovereignty in order to immunize im·mu·nize
v.
1. To render immune.

2. To produce immunity in, as by inoculation.



im
 an individual from the possibility of domestic criminal prosecution. For example, representatives to the principal and subsidiary organs of the UN while exercising their functions and while traveling to their place of meeting are immune from arrest, detention, and all kinds of legal process. [111] Another example of immunity from domestic law is combatant immunity. During international armed conflicts, military members are directed to kill, destroy property, or commit other such acts that would normally be considered criminal acts. However, if a military member acted in accordance with the law of war, customary international law provides him with a blanket of immunity for his pre-capture warlike war·like  
adj.
1. Belligerent; hostile.

2.
a. Of or relating to war; martial.

b. Indicative of or threatening war.


warlike
Adjective

1.
 acts. [112] How could worldwide immunity from domestic laws be created for interna tional bounty hunters?

The United States or any other individual State could not by itself create worldwide immunity from every State's domestic laws for international bounty hunters. A group of States could ratify ratify v. to confirm and adopt the act of another even though it was not approved beforehand. Example: An employee for Holsinger's Hardware orders carpentry equipment from Phillips Screws and Nails although the employee was not authorized to buy anything.  a treaty that provides international bounty hunters with immunity from domestic criminal prosecutions. However, while using a treaty to create immunity for international bounty hunters is theoretically possible, it is practically nonviable nonviable /non·vi·a·ble/ (-vi´ah-b'l) not capable of living.

non·vi·a·ble
adj.
Not capable of living or developing independently. Used especially of an embryo or fetus.
. First, it would be extremely difficult to achieve a consensus among States on such a novel idea. Second, even if a consensus could be obtained, any treaty would only bind the signatories to the treaty. Nonparty States would create safe havens for fugitives and completely frustrate the efforts of international bounty hunters. Third, the treaty process takes too long.[113]

In 1994, the UN chose the treaty process as a means to provide protection to military members to military forces performing a UN peacekeeping mission Noun 1. peacekeeping mission - the activity of keeping the peace by military forces (especially when international military forces enforce a truce between hostile groups or nations)
peacekeeping, peacekeeping operation
 that was authorized under Chapter VI of the UN Charter. [114] States that have ratified the Convention on the Safety of United Nations and Associated Personnel are obligated to criminalize the murder, kidnapping, or attack upon the person or liberty of any UN or associated personnel. [115] After approximately six years, only thirty-three States, have ratified this treaty. [116] The inability to achieve a broad international consensus on protecting peacekeepers most likely contributed to the UNSC's decision to bypass the normal treaty route when it created the ICTY. The UNSC did not pursue a treaty to create the ICTY because the treaty process would have taken years, if not decades, and could have been defeated by opposition from a number of States. [117] The best alternative for providing immunity from domestic laws for international bounty hunters would be an enforcement action by the UNSC.

Worldwide immunity for international bounty hunters could be created by a resolution by the UNSC. [118] Under the UN Charter, the UNSC has substantial powers to maintain international peace and security. If the UNSC determines that a threat to international peace exists then it may use its enforcement authority to eliminate that threat, [119] even going so far as to displace dis·place  
tr.v. dis·placed, dis·plac·ing, dis·plac·es
1. To move or shift from the usual place or position, especially to force to leave a homeland:
 domestic law. Article 42 of the UN Charter authorizes the UNSC to call upon multinational military forces to restore international peace. Article 41 of the UN Charter permits the UNSC to impose measures not involving the use of armed force to maintain international peace. Article 41 further permits the UNSC to enact arms, air travel, oil embargoes Oil embargo may refer to:
  • The 1973 oil crisis;
  • The 1979 energy crisis; or,
  • The oil embargo placed on Japan by China, the United States, Britain, and the Dutch during the Sino-Japanese War, preceding World War II.
, economic, and financial sanctions. [120] The UNSC has also used its Article 41 enforcement authority to attempt to coerce a non-cooperative State to turn over custody of an international fugitive. In November 1999, the UNSC imposed economic sanctions against Afghanistan for harboring Bin Laden who was charged with complicity com·plic·i·ty  
n. pl. com·plic·i·ties
Involvement as an accomplice in a questionable act or a crime.


complicity
Noun

pl -ties
 in the United States 1998 embassy bombings in Kenya and Tanzania. [121] In this instance, the UNSC determined that a sole criminal fugitive remaining at large constituted a threat to international peace. Furthermore, the UNSC has also used its broad enforcement authority under Article 41 to create the ICTY and ICTR.

In the Tadic case, the Appeals Chamber of the ICTY rejected the defense's argument that the UNSC lacked the authority to create an international criminal tribunal. [122] The Tadic defense argued that Article 41 only permits the UNSC to impose economic and political measures. [123] The Appeals Chamber held that the examples of economic and political sanctions expressly contained in Article 41 do not exclude other types of enforcement measures. [124] Article 41 grants broad discretion to the UNSC to take any measures not involving the use of armed force in order to maintain international peace and security. [125] Furthermore, the Appeals Chamber declined to review the UNSC's determination that an international criminal tribunal could effectively meet its objective of restoring the peace. [126] In conclusion, the UNSC has very broad discretion in crafting enforcement mechanisms under Article 41 to promote international peace and security.

Although an international bounty hunter might forcibly abduct an indicted war criminal with a weapon, the use of an international bounty hunter should not be considered the use of an "armed force". The "armed force" contemplated by Article 42 of the UN Charter is the employment of military forces. The use of international bounty hunters would not constitute "armed force" under Article 42 because they are not in the military and they are not State actors. If a State provided substantial logistical and intelligence assistance to a private bounty hunter, one could argue that the bounty hunter should be considered the equivalent of a State actor and the bounty hunter's actions should constitute the use of an "armed force" under Article 42. Whether the use of an international bounty hunter would constitute the use of "armed force" as defined by Article 42 is purely an academic argument. The UNSC can authorize an enforcement action under either Article 41 or Article 42. The important issue for this paper is whethe r the powers of the UNSC are broad enough to establish international bounty hunters and not whether the UNSC should cite to Article 41 or Article 42 of the UN Charter when it establishes such a system.

If the UNSC determined that arresting indicted war criminals would promote or maintain international peace then the UNSC could implement enforcement measures to compel their arrest. Prosecuting war criminals promotes international peace by deterring future war crimes. Punishing the perpetrators of war crimes also helps eliminate the need for victims to commit war crimes in revenge. By creating the ICTY and the ICTR, the UNSC recognized the importance of the prosecution of war criminals for restoring international peace. [127] The UNSC could just as easily determine that the apprehension of indicted war criminals is also necessary to promote peace since an international criminal tribunal can not fulfill its intended role in restoring international peace if it is unable to obtain custody of its indicted war criminals. Accordingly, the UNSC could use its broad enforcement authority to pass a resolution that provides international bounty hunters with legal immunity from State domestic law for the forceful acts n ecessary to arrest indicted war criminals. All UNSC resolutions are immediately binding on all members to the UN; therefore, the UNSC could effectively create a worldwide immunity from domestic laws for international bounty hunters. [128]

VII. WOULD THE FORCEFUL ACTS OF AN INTERNATIONAL BOUNTY HUNTER VIOLATE THE UNITED NATIONS CHARTER?

Article 2(4) of the UN Charter prohibits a State from using force or threatening to use force against another State's territory or political independence. Included in this prohibition is a State's unilateral decision to kidnap an individual from a foreign State. However, the abduction of an individual from a foreign State by an international bounty hunter would not violate Article 2(4) because the international bounty hunter is a private party. Article 2(4) regulates the conduct of States not individuals. In any event, even if bounty hunters were considered to be acting as State agents, the forceful acts committed by international bounty hunters would still not violate Article 2(4) if international bounty hunters were acting pursuant to a UNSC resolution. The UNSC has the authority to authorize uses of force that would otherwise violate Article 2(4). Articles 41 and 42 of the UN Charter permit the UNSC to trump the prohibitions of Article 2(4) in the interests of maintaining international peace. Accordingly, a UNSC resolution that establishes a legal immunity for international bounty hunters from domestic laws for the forceful acts necessary to arrest a war criminal would not violate the U.N. Charter.

VIII. PRACTICAL CONSIDERATIONS CONCERNING INTERNATIONAL BOUNTY HUNTERS

The UNSC could establish worldwide legal immunity for international bounty hunters for the forceful acts necessary to arrest indicted war criminals. However, whose indictments could an international bounty hunter seek to enforce? Who would be responsible for funding the reward? Should international bounty hunters be given the absolute right to cross international borders? Should international bounty hunters be required to notify local law enforcement before attempting an arrest? Who should adjudicate adjudicate (jōō´dikāt´),
v
 criminal and civil claims against bounty hunters for use of excessive force? Should international bounty hunters be licensed, and if so, who should be the licensing authority? Where should the international bounty hunter be required to deliver custody of the captured fugitive? When should an international bounty hunter be paid? Can the UNSC realistically expect private parties to capture indicted war criminals? Each of these issues must be carefully considered by the UNSC before privatizing the enforcement of ju stice.

A. Whose Indictments Could an International Bounty Hunter Seek to Enforce?

The UNSC must carefully decide which war crime indictments international bounty hunters could act upon. One legal scholar, Ms. Beverly Izes, has proposed that the UN formally legitimize le·git·i·mize  
tr.v. le·git·i·mized, le·git·i·miz·ing, le·git·i·miz·es
To legitimate.



le·git
 State-sponsored abductions of war criminals by defining an explicit set of circumstances that prescribe when a State may perpetrate per·pe·trate  
tr.v. per·pe·trat·ed, per·pe·trat·ing, per·pe·trates
To be responsible for; commit: perpetrate a crime; perpetrate a practical joke.
 a kidnapping. [129] Ms. Izes proposed that the UN create a list of crimes that would justify a State-sponsored abduction. [130] Furthermore, before a State attempted an abduction of a suspected war criminal, there must be a refusal by the refuge State to extradite the suspect, a refusal to bring the suspect to trial, or a clear case of where the local trial of a war criminal was a sham. [131] This type of proposal would give each State the authority to issue an indictment that an international bounty hunter could seek to enforce. However, creating an expansive system that permitted international bounty hunters to enforce the war crime indictment of any State or entity would be a grave mistake.

Domestic courts or self-appointed commissions of rogue States could issue spurious spu·ri·ous
adj.
Similar in appearance or symptoms but unrelated in morphology or pathology; false.



spurious

simulated; not genuine; false.
 indictments against world leaders For a list of heads of state, see .
World leaders is a MMORPG. The game involves creating a state, joining an alliance and going into war. It is mostly played by players from Israel, China, USA, Britain, Brazil and Saudi-Arabia.
 for political purposes. [132] An expansive authority to issue war crime indictments could easily lead to the wrongful abductions of heads of State and other governmental leaders. For these reasons, the authority to issue war crimes indictments that can be acted upon by international bounty hunters must be limited to impartial institutions whose sole interest is the pursuit of justice.

The UNSC could limit the authority to issue an indictment that international bounty hunters may act upon to the UNSC itself. Because it would be too burdensome for the UNSC to act upon every potential indictment, the UNSC should delegate the responsibility to international criminal tribunals. Probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit.  determinations necessary for indictments are better suited for a judicial body. Initially, it would be prudent for the UNSC to limit the authority to issue such indictments to a single international criminal tribunal. The ICTY is an excellent candidate for such authority.

The ICTY has had difficulty in obtaining indicted individuals, and it could benefit from the efforts of international bounty hunters. Furthermore, the ICTY already has a judicial procedure in place for issuing international arrest warrants. Before issuing an international arrest warrant, an indicted individual is given the opportunity to voluntarily come before the court. It is only after an indicted individual is not arrested that the ICTY issues and transmits an international arrest warrants to all States. [133] Accordingly, an indicted war criminal and States would be provided with a fair opportunity to transfer custody of the indicted war criminal to the ICTY before the authority of international bounty hunters were unleashed. If the use of international bounty hunters with the ICTY proved successful, the UNSC could expand the authority to use international bounty hunters, giving it to other international criminal tribunals such as the ICTR or the ICC.

B. Who Would be Responsible for Funding the Bounty Hunter's Reward?

Locating funding for rewards should not be difficult. The UNSC could simply call upon member States to fund reward money for indicted war criminals. In 1987, West Germany offered nearly a half-million dollar reward for the arrest of Josef Schwammberger Josef Franz Leo Schwammberger (born February 14 1912 in Brixen-Bressanone, South Tyrol; died December 3 2004 in Hohenasperg prison hospital in Ludwigsburg). Schwammberger was a member of the Schutzstaffel (military protection unit) during the Nazi era.  who was wanted for war crimes he committed as a Nazi SS captain in charge of two Jewish ghettos and a. work camp. [134] Germany is offering a reward of 500,000 Deutsche Marks for information that leading to the arrest of Alois Brunner Alois Brunner, born April 8 1912 in Nádkút, Hungary (now: Rohrbrunn, Burgenland, Austria), reports of death contested, is an claimed Austrian Nazi war criminal who was Adolf Eichmann's assistant, who called him "his best man. , another Nazi war criminal. [135] The United States Department of State Noun 1. United States Department of State - the federal department in the United States that sets and maintains foreign policies; "the Department of State was created in 1789"
Department of State, DoS, State Department, State
 is offering rewards of up to five million dollars for information that leads to the capture of any of the fugitive war criminals indicted by the ICTY. [136] If the United States is willing to offer money just for information that leads to the capture of a war criminal then it should also be willing to offer money for the actual arrest of a war criminal. States whose citizens were victims of a war crime should also be willing to fund rewards for capture of the individuals responsible for those crimes. The UNSC could also solicit funds from private groups interested in promoting human rights. [137] Organizations such as Amnesty International Amnesty International (AI,) human-rights organization founded in 1961 by Englishman Peter Benenson; it campaigns internationally against the detention of prisoners of conscience, for the fair trial of political prisoners, to abolish the death penalty and torture of  may be willing to spearhead private collection efforts to raise bounties for war criminals. The more egregious e·gre·gious  
adj.
Conspicuously bad or offensive. See Synonyms at flagrant.



[From Latin
 the crimes, the easier it should be to raise a substantial reward for that criminal's capture.

C. Should International Bounty Hunters be Given the Absolute Right to Cross International Borders?

International bounty hunters could not be effective without the freedom to travel between States. However, the UNSC should not extend an absolute right to enter foreign States to international bounty hunters since such a right could be easily abused. Illegal aliens, drug traffickers Noun 1. drug trafficker - an unlicensed dealer in illegal drugs
drug dealer, drug peddler, peddler, pusher

criminal, crook, felon, malefactor, outlaw - someone who has committed a crime or has been legally convicted of a crime
, and other international criminals could falsely claim that they were acting as international bounty hunters when caught entering a State illegally. International bounty hunters should be expected to enter States through their own legal and independent means.

After an international bounty hunter has obtained custody of a fugitive war criminal, the UNSC should provide the international bounty hunter with the absolute right to cross international borders while en route to delivering custody of his prisoner. If an international bounty hunter presents a copy of the indictment and he has custody of the indicted individual, State officials should be required to let the international bounty hunter and his prisoner continue to their destination.

D. Should International Bounty Hunters be Required to Notify Local Law Enforcement Before Attempting an Arrest?

Unlike domestic bounty hunters, international bounty hunters should not be required to notify local law enforcement. In the United States, requiring domestic bounty hunters to notify local law enforcement before attempting an arrest is a reasonable requirement. Local law enforcement should always be willing and able to assist bounty hunters in bringing a fugitive to justice. In the international forum, a State might actually be protecting a war criminal. An indicted war criminal might actually be running the State and in control of the State's law enforcement. Accordingly, international bounty hunters should not be required to notify local enforcement before attempting to arrest a suspected war criminal.

E. Who Should Adjudicate Criminal and Civil Claims Against Bounty Hunters for the Use of Excessive Force?

International bounty hunters will be pursuing individuals who desperately want to avoid a lengthy prison sentence. Indicted war criminals who were prominent government officials or senior military commanders could even be protected by armed bodyguards. Accordingly, International bounty hunters will often need to use force or threaten the use of force in order to successfully apprehend an indicted war criminal.

An international bounty hunter should have the legal right to forcibly enter an indicted war criminal's home and to use a reasonable amount of force to arrest that individual. Furthermore, an international bounty hunter should also be entitled to forcibly enter the home of a third party when he reasonably believes that an indicted war criminal is present. International bounty hunters should also be permitted to use reasonable force against any third parties who attempt to obstruct ob·struct
v.
To block or close a body passage so as to hinder or interrupt a flow.



ob·structive adj.
 the bounty hunter's efforts to apprehend an indicted war criminal. An international bounty hunter should only be permitted to use deadly force against an indicted war criminal or a third party in self-defense. Accordingly, an international bounty hunter could only use deadly force if he reasonably believed that he was threatened with grievous bodily harm grievous bodily harm
Noun

Criminal law serious injury caused by one person to another

Noun 1. grievous bodily harm - street names for gamma hydroxybutyrate
.

Of course, a prudent bounty hunter will look for any way possible to capture an indicted war criminal with a minimal amount of force. After all, a violent confrontation not only threatens the welfare of a fugitive, it also threatens the welfare of the bounty hunter. International bounty hunters would also have a financial incentive to limit their use of force against an indicted war criminal if they could not collect their reward if the indicted war criminal died during an attempted arrest. However, the strongest incentive for international bounty hunters to limit their use of force against both indicted war criminals and third parties would be the possibility of a criminal or civil complaint against the bounty hunter for excessive use of force.

Like domestic police officers, the conduct of international bounty hunters must be reviewable by some judicial body. An international bounty hunter should have complete criminal and civil immunity from State domestic law for his use of force during an actual or attempted arrest of an indicted war criminal since a State that has been harboring an indicted war criminal can not be trusted to impartially and fairly adjudicate a criminal or civil complaint against an international bounty hunter. However, an international bounty hunter's conduct during an attempted arrest should be reviewed by the same international court who issued the indictment that the bounty hunter was trying to enforce. This international court should have sole jurisdiction to adjudicate both criminal and civil claims against international bounty hunters for use of excessive force. Furthermore, this international court should use all or any portion of a bounty hunter's reward to satisfy a criminal fine or a civil judgment against a bounty hu nter.

F. Should International Bounty Hunters be Licensed? By What Licensing Authority?

Who should be eligible to hunt for war criminals? The UNSC could limit its grant of legal immunity from domestic law for the forceful acts necessary to capture a fugitive war criminal to licensed individuals. Although most jurisdictions within the United States do not require licenses, the modern trend is to license bounty hunters. [138] Requiring a license could insure that all bounty hunters receive some minimal training. Requiring a license also provides the means to exclude certain individuals from serving as an international bounty hunter. For example, ex-convicts could be excluded from acting as international bounty hunters. The UNSC could ask the UN General Assembly or an international criminal tribunal to develop the needed criteria to qualify for an international bounty hunter license and to issue any licenses. Even so, international bounty hunters should not be licensed.

Requiring all international bounty hunters to obtain a license assumes that all individuals want to work as a bounty hunter on a recurring basis. In fact, many individuals who decide to forcefully capture an indicted war criminal may do so only as the result of a one-time opportunity rather than a decision to pursue a career as an international bounty hunter. The best person to apprehend a particular war criminal might not be the full-time professional bounty hunter but an acquaintance, friend, business partner, political rival, or estranged es·trange  
tr.v. es·tranged, es·trang·ing, es·trang·es
1. To make hostile, unsympathetic, or indifferent; alienate.

2. To remove from an accustomed place or set of associations.
 spouse of the war criminal. If licenses were not required, individuals who have no interest in a career as a professional bounty hunter would be free to capture fugitive war criminals.

Requiring international bounty hunters to obtain a license before attempting to apprehend a war criminal would greatly reduce the number of persons engaged in the hunt. The UNSC or the international community should not be concerned about the character of the individual who delivers the custody of a fugitive war criminal. as long as custody is delivered. The UNSC should be concerned about the possibility of wrongful arrests of individuals who are unreasonably mistaken for fugitive war criminals. However, requiring international bounty hunters to hold licenses does not preclude the possibility of wrongful arrests. Even highly trained police offices occasionally arrest the wrong individual. If a bounty hunter wrongfully arrests an individual who is mistaken for an indicted war criminal then that bounty hunter would be subject to domestic civil and criminal liability. The possibility of liability under domestic law should be sufficient by itself to deter wrongful arrests. Requiring bounty hunters to be licensed would substantially reduce the number of individuals who could arrest war criminals while doing little to reduce the risk of wrongful arrests.

Requiring international bounty hunters to obtain licenses might substantially impede a bounty hunter's efforts to apprehend fugitive war criminals. It could make it reasonably easy for States to learn the identities of bounty hunters. A State that opposes the use of international bounty hunters or one that intentionally harbors a war criminal could use this information to obstruct a bounty hunter's efforts. A State could explicitly or surreptitiously sur·rep·ti·tious  
adj.
1. Obtained, done, or made by clandestine or stealthy means.

2. Acting with or marked by stealth. See Synonyms at secret.
 deny a bounty hunter entrance or could keep a fugitive war criminal informed of the bounty hunter's whereabouts. Of course, a State could not actively obstruct a particular bounty hunter if the bounty hunter's identity were unknown.

The potential detriments of requiring licenses for international bounty hunters outweigh any of the potential benefits. A licensing requirement for international bounty hunters would greatly reduce the number of bounty hunters, impose an unnecessary administrative burden, and potentially offer rogue States a means to obstruct the efforts of bounty hunters. While a licensing requirement would be an effective means to ensure that bounty hunters receive some training, it is doubtful that training would provide any significant benefit by preventing wrongful arrests since these arrests are already punishable by civil and criminal domestic law. The best way for the UNSC to avoid wrongful arrests is to ensure that indictments for war criminals contain sufficient information to identify a fugitive. Indictments should contain as much identifying information as possible, such as recent photographs, an accurate physical description, and a list of any identifying scars or tattoos. [139]

G. Where Should the International Bounty Hunter be Required to Deliver Custody of the Captured Fugitive?

Ideally, the international bounty hunter should deliver the indicted war criminal to the court that issued the indictment. In many circumstances this would involve travel over great distances and through many different States. It would be more practical if the court could identify suitable destinations for delivery of the fugitive that were reasonably close to the anticipated point of capture. What constitutes a suitable destination for the bounty hunter to transfer custody depends upon the circumstances of each particular case. Possible delivery locations could include the embassy of any State that posted reward money for that war criminal or any location where the military forces of such State were located. If a State contributed to the reward for the capture of an indicted war criminal, it would be reasonable to trust that State with the responsibility of completing delivery of a captured fugitive to the court. Accordingly, indictments should identify not only the court that issued the indictment as an acc eptable destination for the delivery of the fugitive but it should also include other reasonable locations as acceptable destinations.

H. When Should an International Bounty Hunter be Paid?

In the United States, domestic bounty hunters are paid upon returning the defendant or the defendant's death certificate to the court. Likewise, international bounty hunters should only be paid for the delivery of an indicted war criminal. Reward money could be released to the bounty hunter after the court that issued the indictment confirms the identity of the delivered individual as the person named in the indictment. International bounty hunters should not be rewarded for causing an indicted individual's death. Payment of reward money for causing an indicted individual's death could transform international bounty hunters into international assassins assassins

Fanatical Moslem sect that smoked hashish and murdered Crusaders (11th—12th centuries). [Islamic Hist.: Brewer Note-Book, 52]

See : Assassination


assassins
. It would be far easier to kill an indicted war criminal than to transport that individual through a State that has been intentionally harboring him. [140] Furthermore, paying international bounty hunters only upon delivery of an indicted war criminal will help minimize the amount of force that an international bounty hunter uses to arrest a fugitive since the bounty hunter would collect nothing if the fugitive dies.

I. Can the UNSC Realistically Expect Private parties to Capture Indicted War Criminals?

Pursuing a career as an international bounty hunter would require far more expertise than pursuing one as a domestic bounty hunter. Even with legal immunity for the forceful acts necessary to arrest a war criminal, an international bounty hunter would require some knowledge of domestic law. The professional international bounty hunter might need to become familiar with a State's privacy laws if he sought government or private commercial records to help trace a fugitive's whereabouts. A bounty hunter might need to possess a weapon to coerce the cooperation of an indicted war criminal. Accordingly, the professional bounty hunter would also need to be aware of any domestic laws that prohibit or regulate the possession of firearms Ask a Lawyer

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 or other weapons.

The professional international bounty hunter must also consider the possibility that a foreign State might use its power to protect an indicted war criminal. For over twenty-five years, the Syrian government has openly protected a Nazi war criminal, Alois Brunner, who as the chief deputy to Adolf Eichmann was responsible for the deaths of more than 100,000 Jews and some 60,000 others. [141] In 1987, a privately sponsored effort to kidnap Brunner from Syria was called off because Brunner was too closely guarded by Syrian police. [142]

An indicted war criminal could even be the head of a foreign State. When an indicted war criminal is controlling a State, the State will probably disregard the legal immunity granted by the UNSC and criminally prosecute the bounty hunter for any attempts to arrest the indicted war criminal. On May 24, 1999, the ICTY indicted the head of Yugoslavia, President Slobodan Milosevic for war crimes. [143] Could an international bounty hunter realistically be expected to abduct a head of State?

Although varying domestic laws between States make international bounty hunting a complex business, the substantial rewards offered for indicted war criminals could reasonably attract a corporate interest. A corporation with a legal staff and employees with previous military or police experience could handle the complex issues involved with international bounty hunting and earn a generous profit. [144] However, even a corporation would not pursue all indicted war criminals. A corporation would realistically assess its chances at success before expending its resources to pursue any specific war criminal. A corporation engaged in international bounty hunting might deem it too high of a risk to pursue a war criminal who was a State leader.

Even if professional bounty hunters shied shied 1  
v.
Past tense and past participle of shy1.


shied
Verb

the past of shy1 or shy2
 away from pursuing certain indicted war criminals, this does not foreclose fore·close  
v. fore·closed, fore·clos·ing, fore·clos·es

v.tr.
1.
a. To deprive (a mortgagor) of the right to redeem mortgaged property, as when payments have not been made.

b.
 the possibility of arrest by an individual who has no interest in pursuing a career as an international bounty hunter. Arresting an indicted war criminal may not be a complex matter if the indicted criminal happens to be a neighbor, relative, spouse, or business partner. Many individuals, out of mere circumstance, may be in an excellent position to abduct an indicted war criminal, and might chose to do so if it was lawful and financially profitable. For example, while a corporate bounty hunter might be unable to locate and arrest Slobodan Milosevic, a political rival might have the access and government allies necessary to deliver Milosevic to the ICTY.

During the summer of 2000, after reading an article about the United States' five million-dollar bounty for indicted war criminals, five journalists on vacation in Bosnia spontaneously decided to search for Radovan Karadzic. [145] After only a few days of inquiries, they met with a high-ranking member of the Serb secret police. [146] The Serb policeman mistook the journalists for a CIA CIA: see Central Intelligence Agency.


(1) (Confidentiality Integrity Authentication) The three important concerns with regards to information security. Encryption is used to provide confidentiality (privacy, secrecy).
 hit team and offered to provide them with information on Karadzic's security detail and when and where Karadzic traveled in exchange for twenty percent of the bounty for Karadzic's capture and American passports for himself and his family. [147] The Serb policeman explained that he had been profiting from cigarette and liquor smuggling smuggling, illegal transport across state or national boundaries of goods or persons liable to customs or to prohibition. Smuggling has been carried on in nearly all nations and has occasionally been adopted as an instrument of national policy, as by Great Britain  across the Bosnia border but that he was now "being squeezed" by Karadzic's lieutenants. [148] He needed to get Karadzic before Karadzic's men came to get him. [149] The five journalists provided all of this information to an American Lieutenant Colonel at the NATO base in Sarajevo. Although it is unknown when and if NATO will attempt to act on this prospect for capturing Karadzic, [150] this episode illustrates that private bounty hunters can realistically enlist the help of individuals closely associated with fugitives.

International bounty hunters could also circumvent cir·cum·vent  
tr.v. cir·cum·vent·ed, cir·cum·vent·ing, cir·cum·vents
1. To surround (an enemy, for example); enclose or entrap.

2. To go around; bypass: circumvented the city.
 the power and authority of an obstructive obstructive

having the characteristic of obstruction.


obstructive colic
see equine colic.

obstructive constipation
constipation of sufficient severity as to obstruct the rectum.
 State by tricking the indicted war criminal into leaving the State where he or she is protected. If an indicted war criminal could be lured to a State that would not use its powers to protect him or her then an arrest could be more easily accomplished. An indicted war criminal could be lured to a different State by many different techniques. A Caribbean cruise sweepstakes award or an invitation to a fictitious Based upon a fabrication or pretense.

A fictitious name is an assumed name that differs from an individual's actual name. A fictitious action is a lawsuit brought not for the adjudication of an actual controversy between the parties but merely for the purpose of
 job interview could persuade someone to travel abroad. An international bounty hunter posing as an Internet love interest could entice an indicted war criminal to a foreign rendezvous. The possible avenues to entice a fugitive out of a protective State are only limited by the boundaries of a bounty hunter's imagination.

The abilities of private parties to hunt indicted war criminals should not be underestimated. The efforts of private citizens at hunting Nazi war criminals have out-performed the efforts of the world's governments. [151] Simon Wiesenthal Simon Wiesenthal, KBE, (Buczacz, December 31, 1908 – Vienna, September 20, 2005) was an Austrian-Jewish architectural engineer who hunted down Nazi war criminals, after surviving the Holocaust.  has been personally responsible for ferreting out thousands of Nazi war criminals. [152] Neal Sher Neal Sher is the former head of the United States Justice Department's Nazi prosecution unit.

In 1987, Sher headed the "Office of Special Investigations, the Justice Department’s Nazi prosecution unit.
, a director of the Department of Justice's Office of Special Investigations, the government organization responsible for locating Nazi war criminals in the United States, has admitted that Simon Wiesenthal had a better track record at hunting Nazi war criminals than most governments. [153]

International bounty hunters would also benefit from the vast expanse of information available on the Internet. A website devoted to the most recent sightings of individuals who are indicted by the ICTY already exists. [154] Private bounty hunters are already responsible for capturing two of the war criminals indicted by the ICTY. [155] Additionally, States would not be precluded from helping private international bounty hunters. A State could assist an international bounty hunter by providing intelligence, equipment, training, and transportation.

While international bounty hunters may not be able to arrest every indicted war criminal, the UNSC can reasonably expect international bounty hunters to capture indicted war criminals given the examples of domestic bounty hunters, the successful efforts of private parties at locating Nazi war criminals, and the possibility of State assistance. Whether motivated by justice, financial gain, or other self-serving goals, private parties are in an excellent position to contribute effectively to the apprehension of indicted war criminals if given the opportunity.

IX. CONCLUSION

Increasing the number of available forums to prosecute war criminals will not serve the interests of justice if the international community lacks the ability to locate and arrest indicted war criminals. There is no international police force to hunt and apprehend war criminals. Extradition treaties, the use of military forces, and UNSC economic sanctions are often ineffective means for obtaining custody of war criminals. If the UNSC wishes the ICTY and ICTR to fulfill its intended role of promoting international peace then the UNSC must find ways to forcefully bring indicted war criminals to trial.

The UNSC could lawfully authorize a multinational military force to use all necessary means to apprehend an indicted war criminal. However, the use of military forces could trigger a widespread-armed conflict. Furthermore, using military forces, which are engaged in peace-keeping, to hunt for war criminals would compromise their neutrality and potentially destabilize de·sta·bi·lize  
tr.v. de·sta·bi·lized, de·sta·bi·liz·ing, de·sta·bi·liz·es
1. To upset the stability or smooth functioning of:
 a negotiated peace. In many cases, the use of international bounty hunters to apprehend an indicted war criminal would be a more effective alternative than the use of military forces.

Private international bounty hunters will obviously not be concerned about the political ramifications ramifications nplAuswirkungen pl  of their actions. Nonetheless, an international bounty hunter is more likely to capture an indicted war criminal peacefully than is a military force. An international bounty hunter can not capture an indicted war criminal by waging a war against a State's military or police force, but must apprehend an indicted war criminal by stealth and surprise and with a minimal amount of force. Further, an international bounty hunter will carefully limit his use of force against an indicted war criminal because the former will not be paid if the latter dies. And, an international bounty hunter will cautiously avoid the use of force against third parties because of potential civil and criminal liability. The ideal grant of immunity from State domestic law for international bounty hunters for the forceful acts necessary to apprehend an indicted war criminal would not be limitless. A bounty hunter, like a civilian police officer, could still be held accountable for an excessive or unnecessary use of force.

Authorizing private parties to apprehend indicted war criminals could provide excellent opportunities for individuals who are personally acquainted with the war criminal. The best person to capture an indicted war criminal might be that individual's neighbor, coworker co·work·er or co-work·er  
n.
One who works with another; a fellow worker.
, estranged spouse, or political rival. These individuals could be capable of capturing an indicted war criminal with very little force if given a financial incentive and a lawful authority to act.

The UNSC should pass a resolution that provides international bounty hunters with immunity from domestic laws for the forceful acts necessary to arrest an indicted war criminal. The international bounty hunter should have the same authority to use force as a civilian police officer pursuing an escaping felon An individual who commits a crime of a serious nature, such as Burglary or murder. A person who commits a felony.


felon n. a person who has been convicted of a felony, which is a crime punishable by death or a term in state or federal prison.
. The UNSC should call upon both States and private organizations to fund the rewards offered for fugitive war criminals. To test the effectiveness of international bounty hunters, the UNSC should permit the ICTY to issue international arrest warrants that bounty hunters could seek to enforce. These international arrest warrants should only be issued after States are given a fair opportunity to surrender custody of the indicted individual to the ICTY. The international arrest warrants should contain sufficient information to enable the accurate identification of the indicted individual and specify all acceptable locations for delivery of the fugitive. International bounty hunter should have the right to c ross international borders when traveling with the indicted war criminal to a location designated in the indictment for delivery of the fugitive. Given the examples of domestic bounty hunters, the successful efforts of private parties at locating Nazi war criminals, and the possibility of State assistance, the UNSC can reasonably expect international bounty hunters to capture indicted war criminals. Even if the establishment of international bounty hunters does not result in the arrest of every indicted war criminal, it would still be a significant step in the right direction.

(*.) Major Supernor (B.S., Rensselaer Polytechnic Institute Rensselaer Polytechnic Institute, at Troy, N.Y.; coeducational; founded and opened 1824 as Rensselaer School; chartered 1826. It was called Rensselaer Institute from 1837 to 1861. , J.D., Florida State University School Florida State University School, or "Florida High", is located within the Southwood community in the southeast part of Tallahassee, Florida, USA. A charter school that serves kindergarten and grades one through twelve, Florida High is sponsored by Florida State University's  of Law, LL.M LL.M Legum Magister (Master of Laws) . The Judge Advocate A legal adviser on the staff of a military command. A designated officer of the Judge Advocate General's Corps (JAGC) of the U.S. Army, Navy, Air Force, or Marine Corps.  General's School, U.S. Army) is a country program manager for the Defense Institute of International Legal Studies, Newport Naval Station, Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches.
.

(1.) "The weakest link in all of international law is the lack of effective enforcement mechanisms." Bartram S Bar·tram   , John 1699-1777.

American botanist who established the first botanical garden in the colonies (1728) and corresponded with European botanists, thus introducing many American species to Europe.
. Brown, Primacy or Complementarity com·ple·men·tar·i·ty
n.
1. The correspondence or similarity between nucleotides or strands of nucleotides of DNA and RNA molecules that allows precise pairing.

2.
: Reconciling the Jurisdiction of National Courts and International Criminal Tribunals, 23 YALE J. INT'L L. 383, 408 (Summer 1998). International criminal law is weakened by a lack of enforceability. FARHAD MALEKIAN, THE MONOPOLIZATION mo·nop·o·lize  
tr.v. mo·nop·o·lized, mo·nop·o·liz·ing, mo·nop·o·liz·es
1. To acquire or maintain a monopoly of.

2. To dominate by excluding others: monopolized the conversation.
 OF INTERNATIONAL CRIMINAL LAW 56 (1995). International criminal law provides only a mirage of justice since international tribunals lack any coercive co·er·cive  
adj.
Characterized by or inclined to coercion.



co·ercive·ly adv.
 power to bring an accused before the court. Mary Margaret Penrose Margaret Penrose was a house pseudonym used by the Stratemeyer Syndicate.

The name Margaret Penrose was used for:
  • The Dorothy Dale series
  • The Radio Girls series (Later reprinted as The Campfire Girls series)
  • The Motor Girls series
, Lest We Fail: The Importance of Enforcement in International Criminal Law, 15 AM. U. INT'L L. REV. 321, 364-65 (2000). International criminal law has failed and it will continue to fail without a means of enforcement. Id. at 393.

(2.) The ICTY indicted 98 individuals. International Criminal Tribunal for the Former Yugoslavia: Key Figures, available at http://www.un.org/icty/glance/keyfig-e.htm (last modified Mar. 1, 2001) (copy on file with the Air Force Law Review). Nine of the indicted individuals have died and charges have been dropped against 18 others. Id. Proceedings are ongoing for 38 of the indicted individuals. Id. Twenty-seven of the indicted individuals remain at large. The three principal architects of the Bosnian genocide This article refers to genocide during the 1992-1995 Bosnian War. Other cases of genocide in the same region during World War II are covered in other articles. The term Bosnian Genocide , ex-Yugoslavian President Slobodan Milosevic, Dr. Radovan Karadzic, and General Ratko Mladic, are among the most notable fugitives in Yugoslavia. Radovan Karadzic, an indictee in·dict  
tr.v. in·dict·ed, in·dict·ing, in·dicts
1. To accuse of wrongdoing; charge: a book that indicts modern values.

2.
 of the ICTY who is charged with responsibility for killing up to 6,000 Muslims at Srebrenica in 1995, lives in a closely guarded stronghold outside Pale in the Serb Republic. Brian James, Out of Sight, But Not Out of Mind; Night & Day, MAIL ON SUNDAY (London), Aug. 10, 1997, at 10. Mr. Richard Holbrooke Richard Charles Albert Holbrooke (born April 24, 1941) is an American diplomat, magazine editor, author, Peace Corps official, and investment banker. He is also the only person to have held the Assistant Secretary of State position for two different regions of the world (Asia and , the United States Ambassado r to the United Nations, explained that "NATO troops have been reluctant to arrest Karadzic, who travels with 20 to 80 bodyguards." David J. Lynch, Bosnian Serb Leader Faces Capture as his Power Fades, USA TODAY USA Today

National U.S. daily general-interest newspaper, the first of its kind. Launched in 1982 by Allen Neuharth, head of the Gannett newspaper chain, it reached a circulation of one million within a year and surpassed two million in the 1990s.
, Nov. 8, 2000, at 22 A. For several years, the residence of another indictee, General Ratko Mladic, the former commander of the Bosnian Serbs, "the Butcher of the Balkans", was also a matter of public knowledge. James, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process. , at 10. On Mar. 25, 2000, Mladic attended a soccer match in Belgrade with an escort of bodyguards, the Yugoslavian foreign minister, army chief of staff, and the Serbian Prime Minister. War Criminal Watch, COALITION FOR INTERNATIONAL JUSTICE, http://www.wcw.org (last visited Mar. 9, 2001) (copy on file with the Air Force Law Review). Only recently has General Mladic gone into hiding. After Years in Open, War-Crimes Suspect Drops out of Sight, CHICAGO TRIBUNE Chicago Tribune

Daily newspaper published in Chicago. The Tribune is one of the leading U.S. newspapers and long has been the dominant voice of the Midwest. Founded in 1847, it was bought in 1855 by six partners, including Joseph Medill (1823–99), who made the paper
, Feb. 22, 2001, News, at 20.

(3.) Kosovo War The term Kosovo War or Kosovo Conflict is often used to describe two sequential and at times parallel armed conflicts in Kosovo. These conflicts were:
  1. 1996–1999
 Criminals May Go Free, HUMAN RIGHTS WATCH, http://www.hrw.org/hrw/press/l999/feb/kos0209.htm (Feb. 9, 1999) (copy on file with the Air Force Law Review); YVES BEIGBEDER, JUDGING WAR CRIMINALS: THE POLITICS OF INTERNATIONAL JUSTICE 201 (1999); Brown, supra note 1, at 414. ("Most of the indictees still at large are apparently living free in the areas where the local authorities have failed to comply with their legal obligation to arrest those indicted.").

(4.) David Buchan David Buchan (1780 – sometime after 8 December 1838) was a Scottish naval officer and Arctic explorer.

In 1806 Buchan was appointed as a lieutenant in the Royal Navy and from about 1808 to 1817 operated in and around Newfoundland.
, Downfall of Milosevic, THE FINANCIAL TIMES (LONDON), Oct. 7,2000, World News, at 6. Western governments continue to pressure Yugoslavia's new government to fully cooperate with the ICTY. On Oct. 25, 2000, the United States Congress approved a $100 million aid package to Serbia but conditioned the aid on the new Yugoslav government's cooperation on arresting and transferring those indicted by the ICTY for war crimes. Steven A. Holmes, $100 Million Voted for Serbia, But with War-Crimes Strings, N.Y. TIMES, Oct. 26, 2000, at A13. Recently, Yugoslavia stated its intent to try Slobodan Milosevic in Yugoslavia for abuse of power and theft of national property rather than turn Milosevic to the ICTY to face war crime charges. Alan Sipress, Yugoslavia Vows Milosevic's Arrest This Month, WASH. POST, Mar. 7, 2001, at 24.

(5.) See Diane F. Orentlicher, A Look at ... War Crimes and Punishment, WASH. POST, Nov. 26, 2000, Outlook, at B3.

(6.) Terence Neilan, World Briefing: United Nations: Council Criticized on War Crimes, N.Y. TIMES, Nov. 4, 1999, at A6. Although States are bound to follow orders from the ICTY, the Appeals Chamber of the ICTY has held that the ICTY is not vested with any authority to issue sanctions against a recalcitrant recalcitrant adjective Poorly responsive to therapy  State. Prosecutor v. Blaskic, No. IT-95-14-AR 108 bis Second version. It means twice in Old Latin, or encore in French. Ter means three. For example, V.27bis and V.27ter are the second and third versions of the V.27 standard. , para. 33 (I.C.T.Y. Oct. 29, 1997) (judgment on request for review of trial decision of July 18, 1997), available at www.un.org/icty. The UNSC is the only international organ that can enforce the authority of an international tribunal. However, the UNSC has not taken any affirmative action affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women.  in response to Yugoslavia's and the Bosnian-Serb Republika Srpska's refusal to render its citizens to the ICTY. Brown, supra note 1, at 410.

(7.) See infra [Latin, Below, under, beneath, underneath.] A term employed in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference.


infra prep.
 note 98 and accompanying text.

(8.) This paper focuses on the feasibility of using international bounty hunters to apprehend war criminals. International bounty hunters could also be used to pursue individuals whose crimes did not occur in the context of an armed conflict. International bounty hunters could also be tasked with the responsibility to pursue individuals wanted for piracy, terrorism, drug trafficking, or violations of human rights. For example, international bounty hunters might prove useful to capture Osama Bin Laden Osama bin Laden: see bin Laden, Osama. . See Infra note 121 and accompanying text. However, before advocating such an expansive role for international bounty hunters, one must recognize that the use of international bounty hunters is an erosion of state sovereignty by the international community. Nations jealously guard their rights as a sovereign. The author believes that any curtailment of sovereign rights to permit the use of international bounty hunters must be approached cautiously and in a narrowly defused context. The effectiveness of internatio nal bounty hunters should first be verified before establishing an expansive use of international bounty hunters. To test the effectiveness of international bounty hunters, the UNSC should permit the ICTY to issue international arrest warrants that bounty hunters could seek to enforce. See Infra pp. 35-37. Only if the use of international bounty hunters proves itself in this narrowly defused context should a more expansive use of international bounty hunters be explored.

(9.) Zeljko Cvijanovic & Vesna Peric Zimonjic, Belgrade Crackdown: "Bounty Hunters Strike Inside Serbia to Seize War Crimes Suspects," THE INDEPENDENT (LONDON), May 18, 2000, at 14.

(10.) Id. Two men posing as police officers forced Mr. Nikolic into the trunk of a car where he was driven to the border of Bosnia. Id. After crossing the Drina river Drina River

River, central Balkans, southeastern Europe. Originating with the confluence of the Tara and Piva rivers, it follows a northerly course 215 mi (346 km) to enter the Sava River. Its upper course is narrow, passing through canyons, while its lower course is wider.
 by boat, Mr. Nikolic was handed over to American soldiers. Id.

(11.) Id. Mr. Stevan Todorovic, another indicted war criminal who was captured by bounty hunters has also asked the court to dismiss his case because of the illegality of his arrest. See Maggie O'Kane Maggie O'Kane – once an award winning foreign correspondent with the London's Guardian daily newspaper, who notably filed graphic stories from Sarajevo while it was under siege between 1992 and 1996 – is editorial director of GuardianFilms , Tougher Rules for Arrest of Suspects, THE GUARDIAN (LONDON), Oct. 20, 2000, Foreign Pages, at 18. On Oct. 20, 2000, judges at the ICTY ordered NATO to reveal details of Mr. Todorovic's apprehension. Id. On Nov. 20, 2000, Canada, Denmark, Germany, Italy, Netherlands, NATO, Norway, United Kingdom, and the United States appealed the decision of the trial chamber. ICTY-Status of Cases as of 11 April 2001, http://www.un.org/itcy/glance/casestatus.htm (Todorovic Case) (copy on file with the Air Force Law Review). However, before this appeal was decided, Todorovic negotiated a plea agreement whereby he would plead guilty to count one of his 27 count indictment and he would withdraw all pending motions related to the circumstances of his arrest. Id. The prosecution withdraw the remaining 26 counts and will recommend to the court that Todorovic be sentenced to not less than five years of imprisonment and not more than 12 years of imprisonment. Id. Count one of Todorovic's indictment accuses him of committing a crime against humanity by persecuting individuals on political, racial, and religious grounds. Id. NATO and its member states may have pressured the prosecution to obtain a plea agreement with Todorovic to avoid having to disclose the details of Todorovic's capture by bounty hunters.

(12.) Cvijanovic & Zimonjic, supra note 9. On Nov. 24, 2000, a Serbian court in Smederevo sentenced seven of these persons to serve between two-to-six years of imprisonment for abducting Nikolic. Seven Charged with Abducting War Crimes Go on Trial, AGENCE FRANCE France (frăns, Fr. fräNs), officially French Republic, republic (2005 est. pop. 60,656,000), 211,207 sq mi (547,026 sq km), W Europe.  PRESSE, Dec. 5, 2000, at International News.

(13.) Cvijanovic & Zimonjic, supra note 9. Thirty-one thousand British pounds is about forty-five thousand U.S. dollars.

(14.) Customary international law results when States observe a constant practice out of a sense of legal obligation. RESTATEMENT Restatement

A revision in a company's earlier financial statements.

Notes:
The need for restating financial figures can result from fraud, misrepresentation, or a simple clerical error.
 (THIRD) OF THE FOREIGN RELATIONS Foreign relations may refer to:
  • Diplomacy, the art and practice of conducting negotiations between representatives of groups or nations
  • Foreign policy, a set of political goals that seeks to outline how a particular country will interact with other countries of the
 LAW OF THE UNITED STATES The law of the United States was originally largely derived from the common law of the system of English law, which was in force at the time of the Revolutionary War. However, the supreme law of the land is the United States Constitution and, under the Constitution's Supremacy , [sections] 102 (1987). Article 38(1) of the Statute of GLOUCESTER, STATUTE OF. An English statute, passed 6 Edw. I., A. D., 1278; so called, because it was passed at Gloucester. There were other statutes made at Gloucester, which do not bear this name. See stat. 2 Rich. II.

MARLEBRIDGE, STATUTE OF.
 the International Court of Justice defines customary international law as the general practice of States accepted as law. STAT. OF THE INT'L CT. OF J., June 26, 1945, 59 Stat. 1031 (entered into force Oct. 24, 1945).

(15.) "Every violation of the law of war is a war crime." U.S. DEP'T OF ARMY, FIELD MANUAL 27-10, THE LAW OF LAND WARFARE The Law of Land Warfare is that part of the Laws of War applicable to the conduct of warfare on land (territory) and to relationships between belligerents and neutral states.  (1956) para. 499 [hereinafter here·in·af·ter  
adv.
In a following part of this document, statement, or book.


hereinafter
Adverb

Formal or law from this point on in this document, matter, or case

Adv. 1.
 AR 27-10]. However, some international law scholars contend that technical violations of the law of war do not constitute war crimes. See Yoram Dinstein, The Universality Principle and War Crimes, in 71 INTERNATIONAL LAW STUDIES, THE LAW OF ARMED CONFLICT See: law of war. : INTO THE NEXT MILLENNIUM, 17, 21 (Michael Schmitt & Leslie Green For the philosopher of law, see .

Leslie William Green (1875—31 August 1908) was an English architect known for his design of iconic stations constructed on the London Underground railway system in central London during the first decade of the 20th century.
, eds., 1998). Professor Dinstein believes that only serious violations of the law of war such as the grave breaches of the Geneva Conventions constitute war crimes. Id.

(16.) Harold Wayne Elliott, The Trial and Punishment of War Criminals: Neglected Tools in "New World Order?" 82 (1998) (unpublished Doctor of Juridical Pertaining to the administration of justice or to the office of a judge.

A juridical act is one that conforms to the laws and the rules of court. A juridical day is one on which the courts are in session.


JURIDICAL.
 Science dissertation) (on file with the University of Virginia Law Library).

(17.) There were four Geneva Conventions of 1949: The Geneva Convention Geneva Convention Declaration of Geneva Global village A standard established in 1864 regarding the conduct of the military towards medical personnel, and obligations of medical personnel during acts of war.  for the Amelioration a·me·lio·ra·tion  
n.
1. The act or an instance of ameliorating.

2. The state of being ameliorated; improvement.

Noun 1.
 of the Condition of the Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 U.S.T. 3114, 75 U.N.T.S. 31 [hereinafter GWS GWS Gulf War Syndrome (see also PGS)
GWS Get Well Soon
GWS Great White Shark
GWS Google Web Server
GWS Goes Without Saying
GWS Gun Weapon System
GWS GroupWare Server (DMS/FAMIS applications) 
]; The Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea, Aug. 12, 1949, 6 U.S.T. 3217, 75 U.N.T.S. 85 [hereinafter GWS at Sea]; The Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.S.T. 135 [hereinafter GPW GPW Gridded Population of the World
GPW Gross Premiums Written
GPW Gross Product Worth
GPW Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949
GPW General Purpose Warehouse
GPW Grand Prix White (Honda) 
]; The Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.S.T. 287 [hereinafter GC].

(18.) See GWS, supra note 17, art. 49, 50; GWS at Sea, supra note 17, art. 50, 51; GPW, supra note 17, art. 129-30; GC, supra note 17, art. 146.

(19.) Protocol I Additional to the Geneva Conventions of 12 August 1949, and Relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the Victims of International Conflicts, Dec. 12, 1977, 11 U.N.T.S. 3, 16 I.L.M. 1391 [hereinafter Protocol I]; Protocol II Additional to the Geneva Conventions of 12 August 1949, and Relating to the Victims of Non-International Conflicts, Dec. 12, 1977, 11 U.N.T.S. 3, 16 I.L.M. 1442.

(20.) See GWS, supra note 17, art. 3; GWS at Sea, supra note 17, art. 3; GPW, supra note 17, art. 3; GC, supra note 17, art. 3.

(21.) Of the thirteen 1907 Hague Conventions, the most important for land operations is the forth. Hague Convention IV Respecting the Laws and Customs of War on Land, Oct. 18, 1907, 36 Stat. 2277 [hereinafter Hague Convention No. IV].

(22.) See e.g., BEIGBEDER, supra note 3, at 9.

(23.) Hague Convention No. IV, supra note 21, at art. 23.

(24.) Hague Convention No. IV, supra note 21, at art. 27.

(25.) Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly in December 1948 and came into effect in January 1951. , Dec. 11, 1948, 78 U.N.T.S. 277 [hereinafter Genocide Convention].

(26.) BEIGBEDER, supra note 3, at 12-13; Major Marsha Mills, War Crimes in the 21st Century, 3 HOFSTRA L. & POL'Y SYMP SYMP Symbolic Model Prover . 47, 60-61 (1999).

(27.) Genocide Convention, supra note 25, art. II.

(28.) See, e.g., Mills, supra note 26, at 50.

(29.) The sources of international law briefly discussed in this article are not the only available sources that establish war crimes. Other international treaties could also establish individual criminal responsibility for wrongful acts committed during an armed conflict. See Convention on the Prohibition of the Development, Production, Stockpiling stock·pile  
n.
A supply stored for future use, usually carefully accrued and maintained.

tr.v. stock·piled, stock·pil·ing, stock·piles
To accumulate and maintain a supply of for future use.
 and Use of Chemical Weapons and on Their Destruction, Jan. 13,. 1993, S. TREATY DOG. No. 21, 103d Cong. (1993), reprinted in 32 I.L.M. 800 (1993) (entered into force Apr. 29, 1997). The Nuremberg Charter established criminal liability for waging a war of aggression Waging a war of aggression is a crime under customary international law and refers to any war not out of self-defense or sanctioned by Article 51 of the UN Charter.  (crimes against peace), for violations of the laws and customs of war, and for major inhumane in·hu·mane  
adj.
Lacking pity or compassion.



inhu·manely adv.
 acts committed against a civilian population before or during an armed conflict (crimes against humanity). Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Annex containing the Charter of the International Military Tribunal A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil matters. The judges are military officers and fulfill the role of jurors. It is distinct from the court martial. , art. 6, Aug. 8, 1945, 59 Stat 154, 82 U.N. T.S. 279. This article provides the most commonly relied upon international law source that establishes war crimes.

(30.) AR 27-10, supra note 15, para. 501; Major Michael L. Smidt, Yamashita, Medina, and Beyond; Command Responsibility in Contemporary Military Operations, 164 MILL. REV. 155 (June 2000); Ilias Bantekas, The Contemporary Law of Superior Responsibility, 93 AM. J. INT'L L. 573 (July 1999); William H. Parks, Command Responsibility for War Crimes, 62 MIL L. REV. 1 (1973); Matthew Lippman, Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War, 15 DICK. J. INT'L L. 1, 71-79 (Fall 1996) (discussing the command responsibility doctrine utilized in the trial of General Yamashita); Trial of General Tomoyuki Yamashita General Tomoyuki Yamashita (山下 奉文 Yamashita Tomoyuki,) (November 8, 1885 – February 23, 1946) was a general of the Japanese Imperial Army during the World War II era.  (U.S. Milit. Comm'n, Manila, Oct. 8-Dec. 7, 1945), IV LAW REP. TRIALS WAR CRIM CRIM Criminal
CRIM Computer Research Institute of Montreal
CRIM Centro de Recaudación de Ingresos Municipales (Municipal Internal Revenue Center, San Juan)
CRIM Centre de Recherche en Ingénierie Multilingue
. 1, 4 (U.N. War Crimes Comm'n 1948). Protocol I imposes criminal liability upon a superior when he knew or should have known that his subordinates were committing war crimes and he failed to take all feasible measures within his power to prevent it. Protocol I, supra note 19, art 86.

(31.) Statute of the International Tribunal for the Former Yugoslavia, adopted at New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, May 25, 1993, S.C. Res. 827, U.N. SCOR SCOR Scientific Committee on Oceanic Research
SCOR Supply Chain Operations Reference model
SCOR Small Corporate Offering Registration
SCOR Specialized Center of Research (White Plains, NY)
SCOR Second Cousin Once Removed
, 48th Sess., 3217th mtg., at 1-2, U.N. Doc. SIRES/827 (1993), reprinted in 32 I.L.M. 1159 [hereinafter ICTY Statute]; Statute of the International Tribunal for Rwanda, adopted at New York, Nov. 8, 1994, S.C. Res. 955, U.N.SCOR, 49th Sess., 3453d mtg., U.N. Doc. S/RES/955 (1994), reprinted in 33 I.L.M. 1598 [hereinafter ICTR Statute].

(32.) BEIGBEDER, supra note 3, at 152.

(33.) Id.

(34.) Id. at 175. The differences between the statutes for the ICTY and ICTR can be accounted for by the differences between the armed conflict in Yugoslavia and Rwanda. The conflict in Yugoslavia had both an internal and international aspect but the conflict in Rwanda was strictly internal. Id. at 174-75.

(35.) Id. at 175.

(36.) See id.

(37.) U.N. Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome Statute on the International Criminal Court, July 17, 1998, U.N. Doc. A/CONF/189/9, reprinted in 37 I.L.M. 999 (1998) [hereinafter ICC Statute].

(38.) Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have : Ratification The confirmation or adoption of an act that has already been performed.

A principal can, for example, ratify something that has been done on his or her behalf by another individual who assumed the authority to act in the capacity of an agent.
 Status, http://www.un.org/law/icc/statute/status.htm (last modified Feb. 12, 2001). One hundred and twenty-nine nations have signed and twenty-five nations have ratified the court's statute. Id. On June 9, 2000, France, a permanent member of the United Nations Security Council, ratified the court's statute. Id.

(39.) ICC Statue, supra note 37. Although, the ICC will not exercise jurisdiction over the crime of aggression until a provision defining this crime is adopted. Under articles 5, 12, and 123, this provision could not be adopted until seven years after the ICC statue has taken effect. Id.

(40.) Carlotta Gall Carlotta Gall is a British journalist who covers Afghanistan[1] and Pakistan for The New York Times. Personal
Gall is a daughter of the British journalist Sandy Gall and Eleanor Gall. Bibliography
  • Gall, Carlotta and Thomas de Waal.
, UN. Mission in Kosovo proposes to Set Up a War Crimes Court, N.Y. TIMES, June 23, 2000, at A3. United Nations Press Release, SC/69 10, Council Asks Secretary-General, Sierra Leone to Negotiate Agreement for Creation of Independent Special Court, Aug. 14, 2000, available at www.un.org (copy on file with the Air Force Law Review); United Nations Press Release, SG/SM/7481, United Nations Legal Counsel Completes Formal Discussions with Cambodian Government on Establishment of Tribunal to Try Former Khmer Rouge Khmer Rouge (kəmĕr` rzh), name given to native Cambodian Communists. Khmer Rouge soldiers, aided by North Vietnamese and Viet Cong troops, began a large-scale insurgency against  Leaders, Jul. 6, 2000, available at http://www.un.org/News/Press/docs/2000/20000706.sgsm7481.doc.html, (copy on file with the Air Force Law Review).

(41.) See Infra notes 47 and 48 and accompanying text.

(42.)M. CHERIF BASSIOUNI M. Cherif Bassiouni is a United Nations war crimes expert. He is a professor of Law at DePaul University College of Law in Chicago and President Emeritus of the university's International Human Rights Law Institute. , INTERNATIONAL EXTRADITION: UNITED STATES LAW AND PRACTICE 356-60 (3d ed. 1996). Universal jurisdiction under customary international law permits States to enact legislation that grants its domestic criminal courts jurisdiction to prosecute war criminals. BEIGBEDER, supra note 3, at 133. Universal jurisdiction permits a State to prosecute a war criminal irrespective of irrespective of
prep.
Without consideration of; regardless of.

irrespective of
preposition despite 
 the war criminal's nationality or place of the commission of the offense, or of any link between the prosecuting State and the war criminal. M. CHERIF BASSIOUNI, CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW 511-13 (1992). The rationale for universal jurisdiction is that there are certain offenses, which by their very nature, affect the interests of all States. Id. at 512-13.

United States federal courts The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. See also United States federal judge.  have recognized universal jurisdiction over war crimes. Demjanjuk v. Petrovsky, 776 F.2d 571, 583 (6th Cir. 1985), cert (Computer Emergency Response Team) A group of people in an organization who coordinate their response to breaches of security or other computer emergencies such as breakdowns and disasters. . denied, 475 U.S. 1016 (1986). The American Law Institute's Restatement also states that war crimes are subject to universal jurisdiction. RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES, [sections] 404 (1987). In 1996, a Spanish judge ruled that crimes against humanity enjoy universal jurisdiction and started a criminal investigation into the torture and murder of Spanish citizens in Argentina. BEIGBEDER, supra note 3, at 133. In 1997, a German court utilized the doctrine of universal jurisdiction to convict a Bosnian Serb for taking part in a massacre of 14 Muslims in Bosnia. Id. at 134. However, French courts have declined to accept universal jurisdiction in a number of cases. Id.

(43.) Mills, supra note 26, at 48 & n.6.

(44.) See GWS, supra note 17, art. 49; GWS at Sea, supra note 17, art. 50; GPW, supra note 17, art. 129; GC, supra note 17, art. 146; BEIGBEDER, supra note 3, at 8.

(45.) UCMJ art. 18.

(46.) UCMJ art. 21.

(47.) War Crimes Act of 1996, 18 U.S.C.A. [sections] 2441(a) (1996).

(48.) The Case of General Pinochet: Universal Jurisdiction and the Absence of Immunity for Crimes Against Humanity, AMNESTY INTERNATIONAL ON-LINE, http://www.web.amnesty.org/ai.nsf/index/EUR450211998 (visited Mar. 9, 2001) (Amnesty International's Spanish language Spanish language, member of the Romance group of the Italic subfamily of the Indo-European family of languages (see Romance languages). The official language of Spain and 19 Latin American nations, Spanish is spoken as a first language by about 330 million persons  1998 third party position paper on General Pinochet's extradition case before the English House of Lords House of Lords: see Parliament. ).

(49.) See Charles Trueheart, Rights Activists Cheer Pinochet Precedent, WASH. POST, Jan. 14, 2000, at A22.

(50.) Id.

(51.) See GWS, supra note 17, art. 49; GWS at Sea, supra note 17, art. 50; GPW, supra note 17, art. 129; GC, supra note 17, art. 146; BEIGBEDER, supra note 3, at 8.

(52.) Protocol I, supra note 19, art. 88; Genocide Convention, supra note 25, art. VII. Professor Bassiouni has compiled an extensive list of international criminal law conventions that establish a duty to extradite. M. CHERIF BASSIOUNI, CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW 788-800 (1992).

(53.) Principles of International Co-operation in the Detention, Arrest, Extradition and Punishment of Persons Guilty of War Crimes and Crimes Against Humanity, G.A. Res. 3074 (XXVIII), 28 U.N. GAOR Supp. (No. 30) at 78, U.N. Doc. A/9030 (1973); G.A. Res. 2840 (XXVI) 26 U.N. GAOR Supp. (No. 29), at 88, U.N. Doc. A/8429 (1971); G.A. Res. 95(1), 1 U.N. GAOR Supp. (No. 2) at 188, U.N. Doc. A164/Add. 1 (1947); Extradition and punishment of War Criminals, G.A. Res. 3, 1 U.N. G.AOR AOR

The ISO 4217 currency code for Angolan Reajustado Kwanza.
 at 9-10, U.N. Doc. A/OR/1-1/R (1946).

(54.) ICTY Statute, supra note 31, art. 29; ICTR Statute, supra note 31, art. 28.

(55.) The efforts of the ICTY have been severely stagnated by its inability to coerce individual states to secure the arrest and detention of high-profile defendants. Penrose, supra note 1, at 353.

(56.) See infra notes 64 through 67 and accompanying text.

(57.) During the time that there were 185 member States to the United Nations, the United States had only entered into approximately 100 separate extradition treaties. M. CHERIF BASSIOUNI, INTERNATIONAL EXTRADITION: UNITED STATES LAW AND PRACTICE 16-17 (3d ed. 1996).

(58.) Most extradition treaties permit one or both States discretion to refuse extradition. Brigette Belton Homrig, Abduction as an Alternative to Extradition: A Dangerous Method to Obtain Jurisdiction over Criminal Defendants, 28 WAKE FOREST L. REV. 671, 676 (1993).

(59.) Extradition Treaty Between the United States of America UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire,  and the Mexican States, May 4, 1978, U.S.-Mex., 31 U.S.T. 5059.

(60.) BASSIOUNI, supra note 57, at 108. The United States Secretary of State may exercise executive discretion to override a duty to extradite under treaty obligations. Id.

(61.) Id. at 5-7; Argiro Kosmetatos, U.S.-Mexican Extradition Policy: Were the Predictions Right About Alvarez?, 22 FORDHAM INT'L L.J. 1064, 1068 (March 1999). Suspected war criminals have been extradited despite the absence of an extradition treaty. On Dec. 11, 1974, the Supreme Court of Bolivia The Supreme Court of Bolivia is the South American country's highest legislative body, located in Sucre, 410 kilometres to the south-east of La Paz, Bolivia's capital.  denied France's request to extradite, Klaus Barbie Klaus Barbie (October 25, 1913 – September 25, 1991) was a German soldier and Gestapo member. He was known as the Butcher of Lyon. Early life
Klaus Barbie was born in Bad Godesberg, Bonn, to a Catholic family. His parents were both teachers.
, a Nazi war criminal known as the "The Lyons butcher," on the basis that there was no extradition treaty between France and Bolivia. Jean-Olivier Viout, The Klaus Barbie Trial and Crimes Against Humanity, 3 HOFSTRA L. & POL'Y SYMP. 155, 156-57 (1999). However, as a result of a change in the Bolivian government, on Feb. 6, 1986, Barbie Barbie
 in full Barbara Millicent Roberts

A plastic doll, 11.5 in. (29 cm) tall, with the figure of an adult woman that was introduced in 1959 by Mattel, Inc., a southern California toy company.
 was summarily expelled from Bolivia and flown to the French territory of Guyana where he was arrested by French authorities. Id. at 161-62. The French courts disregarded Barbie's contention that he should be released because his custody was obtained by an illegal extradition. Id.

In March 2000, Secretary of State Madeleine Albright Madeleine Korbel Albright (born May 15 1937) was the first woman to become United States Secretary of State. She was nominated by President Bill Clinton on December 5 1996 and was unanimously confirmed by the United States Senate 99-0. She was sworn in on January 23 1997.  authorized the extradition of Pastor Ntakirutima, a Rwandan genocide The Rwandan Genocide was the 1994 mass killing of hundreds of thousands of ethnic Tutsis and moderate Hutu sympathizers in Rwanda and was the largest atrocity during the Rwandan Civil War.  suspect, to the ICTR despite the absence of an extradition treaty with Rwanda. See Betsy Pisik, Rwanda Tribunal Victory, WASH. TIMES, Mar. 6, 2000, at A12. Although the United States does not have an extradition treaty with Rwanda, in 1995, President Clinton entered into an executive agreement with the ICTR, which promised that the United States would agree to surrender persons in its territory that were charged or convicted by the tribunal. Agreement on Surrender of Persons Between the Government of the United States and the International Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law International humanitarian law (IHL), also known as the law of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law,  Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring neigh·bor  
n.
1. One who lives near or next to another.

2. A person, place, or thing adjacent to or located near another.

3. A fellow human.

4. Used as a form of familiar address.

v.
 States, Jan. 24, 1995, U.S.ICTR, 1996 WL 165484; Ntakirutima v. Reno, 184 F. 3d 419, 422 (5th Cir. 1999), cert. denied, 120 5. Ct. 977 (2000). To implement this executive agreement, in 1996, Congress enacted legislation that provided that federal extradition statutes apply to the surrender of persons to the ICTR. National Defense Authorization Act The National Defense Authorization Act is the name of a United States federal law that is enacted each fiscal year to specify the budget and expenditures of the United States Department of Defense. , Pub. L. 104-106, [sections] 1342, 110 Stat. 486 (1996). The United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:
  • Eastern District of Louisiana
  • Middle District of Louisiana
  • Western District of Louisiana
 rejected Ntakirutima's arguments that the Constitution of the United States Constitution of the United States, document embodying the fundamental principles upon which the American republic is conducted. Drawn up at the Constitutional Convention in Philadelphia in 1787, the Constitution was signed on Sept.  requires that an extradition must occur pursuant to a treaty. Ntakirutima's, 184 F.3d at 424-27. A majority of the Court held that either a federal statute or a treaty may confer the power to extradite. Id.

(62.) Kosmetatos, supra note 61, at 1069 n.26.

(63.) Id. at 1069 n.27.

(64.) According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 estimates of Nazi hunters A Nazi hunter is a private individual or group who tracks down and gathers information on former Nazis so that they can be punished for war crimes and crimes against humanity committed in the Holocaust.  from the Anti-Defamation League Anti-Defamation League

B’nai B’rith organization which fights anti-Semitism. [Am. Hist.: Wigoder, 33]

See : Anti-Semitism
 and the World Jewish Congress “WJC” redirects here. For other uses, see WJC (disambiguation).
The World Jewish Congress, (abbrev. WJC), is an international federation of Jewish communities and organizations.
, between as many as 40,000 and 50,000 Nazis sought refuge in Latin America Latin America, the Spanish-speaking, Portuguese-speaking, and French-speaking countries (except Canada) of North America, South America, Central America, and the West Indies.  after World War II. CHARLES ASHMAN & ROBERT J. WAGMAN, THE NAZI HUNTERS 303 (1988).

(65.) BASSIOUNI, supra note 57, at 219. State abduction violates the domestic law where the abduction occurs and international law. I. A. SHEARER, EXTRADITION IN INTERNATIONAL LAW 72 (1971).

(66.) U.N. CHARTER art. 2, para. 4. The United Nations Security Council ordered Isreal to make reparations reparations, payments or other compensation offered as an indemnity for loss or damage. Although the term is used to cover payments made to Holocaust survivors and to Japanese Americans interned during World War II in so-called relocation camps (and used as well to  to Argentia for abducting a Nazi war criminal, Eichmann, from Buenos Aires Buenos Aires (bwā`nəs ī`rēz, âr`ēz, Span. bwā`nōs ī`rās), city and federal district (1991 pop. . U.N. SCOR, 15th Sess., 868th mtg. at 4, U.N. Doc. S/4349 (1960).

(67.) Despite the widespread existence of extradition treaties, international abduction has "occurred fairly consistently worldwide throughout the last 160 years." Jonathan A. Gluck, The Customary International Law of State-Sponsored International Abduction and United States Courts "United States courts" may refer to:
  • Supreme Court of the United States
  • United States district court
  • List of United States Supreme Court cases
  • United States Commerce Court
  • United States court of appeals
  • United States federal courts
, 44 DUKE L.J. 612, 613 (Dec. 1994).

(68.) Homrig, supra note 58, at 698. Israel also allegedly considered kidnapping Alois Brunner, another Nazi war criminal, from Syria but ruled against it because political matters in that part of the world made it impractical to risk the negative reaction of another Eichmann-type of raid. ASHMAN & WAGMAN, supra note 64, at 27.

(69.) BASSIOUNI, supra note 59, at 220 n.9.

(70.) Id. at 221 n. 11.

(71.) Kosmetatos, supra note 61, at 1064. In recent years, United States authorities have engaged in dozens of kidnappings of foreign suspects wanted for drug-related offenses. Stephen J. Hedges, et al., Kidnapping Drug Lords, U.S. NEWS & WORLD REP., May 14, 1990, at 28 ("Kidnapping is an attractive law-enforcement tool because it avoids lengthy extraditions and official corruption that can shield and even free suspects.").

(72.) Gluck, supra note 67, at 652 n.218 (citing an internal memorandum from the U.S. Department of Justice); Jeanne M. Woods, Presidential Legislating leg·is·late  
v. leg·is·lat·ed, leg·is·lat·ing, leg·is·lates

v.intr.
To create or pass laws.

v.tr.
To create or bring about by or as if by legislation.
 in the Post-Cold War Era The Post-Cold War era is a time period following the end of the Cold War. Its beginning is dated either in 1989, when the Revolutions of 1989 occurred in Eastern Europe and amicable relations developed between the United States and the Soviet Union, or it is dated in 1991 with the : A Critique of the Barr Opinion on Extraterritorial ex·tra·ter·ri·to·ri·al  
adj.
1. Located outside territorial boundaries: fishing in extraterritorial waters.

2.
 Arrests, 14 B.U. INT'L L.J. 1 (1996) (criticizing the Department of Justice opinion).

(73.) Homrig, supra note 58, at 677-78; United States v. Noriega, 746 F. Supp. 1506, 1511 (1990) (describing the circumstances surrounding Noriega's abduction).

(74.) Homrig, supra note 58, at 685.

(75.) Homrig, supra note 58, at 685.

(76.) Kristin Berdan Weissman, Extraterritorial Abduction: The Endangerment of Future Peace, 27 U.C. DAVIS Davis, city (1990 pop. 46,209), Yolo co., central Calif.; settled in the 1850s, inc. 1917. It is an education center with light industry; machinery, processed foods, and computer equipment are produced. The extensive Univ.  L. REV. 460 (Winter 1994).

(77.) United States v. Alvarez-Machain, 504 U.S. 655 (1992); Ker v. Illinois, 119 U.S. 436 (1886); BASSIOUNI, supra note 57, at 228 (United States courts traditionally uphold personal jurisdiction over a criminal defendant that was secured by illegal methods, including abduction by government agents.).

(78.) See supra note 11, and accompanying text.

(79.) The United States Supreme Court has determined that customary international law is binding on the United States when there is no controlling treaty, executive or legislative act, or judicial decision. The Paquete Habana, 175 U.S. 577 (1900).

(80.) BASSIOUNI, supra note 57, at 219.

(81.) U.N. CHARTER art. 42.

(82.) Between June 1993 and 1994, in Somali, United States military forces and other UN military forces were unable despite their best efforts to capture General Mohammed Farah Aideed, a Somali warlord warlord, in modern Chinese history, autonomous regional military commander. In the political chaos following the death (1916) of republican China's first president and commander in chief, Yüan Shih-kai, central authority fell to the provincial military governors . Moyiga Nduru, Aideed's supporters vow to fight on: Death of Somali Warlord Could Trigger War, 715 ETHNIC NEWS WATCH 12 (1996). The United States, with other UN peacekeeping forces peacekeeping force nfuerza de pacificación

peacekeeping force nforces fpl qui assurent le maintien de la paix

, went into Somalia in December 1992 for humanitarian reasons. General Aideed Obituary, THE ECONOMIST, Aug. 10, 1996, Arts, Books and Sport, at 69. In June 1993, General Aideed's men killed 24 Pakistanis peacekeepers that were trying to close down a Somali radio station. Id. This incident prompted the US-led peacekeepers to focus their energies on capturing General Aideed. Id. In October 1993, three US helicopter gunships were brought down as they stormed a building in a failed attempt to capture General Aideed. Id. General Aideed's men were seen on television dragging a dead American pilot through the streets of Mogadishu. Id. The US withdrew its troops from Somalia in 1994, and the rest of the UN peacekeepers left in March 1995. Nduru, supra. In August 1996, General Aideed died of a heart attack that was related to an injury sustained following a July 24, 1996 assassination Assassination
See also Murder.

assassins

Fanatical Moslem sect that smoked hashish and murdered Crusaders (11th—12th centuries). [Islamic Hist.: Brewer Note-Book, 52]

Brutus

conspirator and assassin of Julius Caesar. [Br.
 attempt by a rival Somali faction. Id.

(83.) If the UNSC could craft such a resolution, it would effectively create the equivalent of state-supervised bounty hunters. Like bounty hunters, these small-scale military forces would rely on stealth and surprise to capture fugitive war criminals. Alternatively, the UNSC could adopt this article's recommendation of passing a resolution that provides private actors with immunity from domestic law for the forceful acts necessary to act as international bounty hunters. See infra notes 128 through 133 and accompanying text. It would be much easier for the UNSC to pass a single resolution that established a system of private international bounty hunters than it would be to craft ad hoc resolutions for small-scale military operations for each fugitive war criminal. Furthermore, if the UNSC established a system of private international bounty hunters, this would not preclude States from choosing to assist private bounty hunters by providing them with training, equipment, intelligence, and transportation.

(84.) On July 10, 1997, after British troops arrested one suspected war criminal and killed another who resisted arrest in the Bosnian town of Prijedor, a spate of retaliatory re·tal·i·ate  
v. re·tal·i·at·ed, re·tal·i·at·ing, re·tal·i·ates

v.intr.
To return like for like, especially evil for evil.

v.tr.
To pay back (an injury) in kind.
 hand-grenade attacks, stabbings, and bombings was directed against NATO units. Chris Hedges Christopher L. Hedges (born 18 September, 1956 in St. Johnsbury, Vermont) is a journalist and author, specializing in American and Middle Eastern politics and society. , Dutch Troops Seize Two War Crimes Suspects, Wounding One, N.Y. TIMES, Dec. 19, 1997, at A20.

(85.) Jamie McIntyre Jamie McIntyre is the Senior Pentagon correspondent for CNN. He has held this position since 1992.

He received a Bachelor degree in journalism from the University of Florida, and in 2002 he was honored as a distinguished alumni.[1]
, Who Will Catch Bosnia War Criminals?, CNN CNN
 or Cable News Network

Subsidiary company of Turner Broadcasting Systems. It was created by Ted Turner in 1980 to present 24-hour live news broadcasts, using satellites to transmit reports from news bureaus around the world.
 INTERACTIVE WORLD NEWS, http://cnn.com/world/9612/19/pentagon.bosnia (Dec. 19, 1996) (copy on file with the Air Force Law Review).

(86.) BEIGBEDER, supra note 3, at 162.

(87.) Eileen O'Connor, Pentagon denies current framing for Bosnian 'snatch missions' CNN INTERACTIVE WORLD NEWS, http://www9.cnn.com/WORLD/9708/13/bosnian.war.crimina1s/ (Aug. 13, 1997) (copy on file with the Air Force Law Review). Despite the Pentagon's rejection of any legal responsibility to arrest war criminals indicted by the ICTY, NATO troops have arrested a few of the indicted war criminals. NATO's strict stance against actively pursuing indicted war criminals may have softened after General Wesley Clark (person) Wesley Clark - One of the designers of the Laboratory Instrument Computer at MIT who subsequently had a quiet hand in many seminal computing events, such as the development of the Internet, the first really good description of the metastability problem in computer logic.  replaced General George Joulwan George Alfred Joulwan (born November 16, 1939, Pottsville, Pennsylvania) was a United States Army general, and is now a businessman. Joulwan, of Lebanese origin, studied at the United States Military Academy and Loyola University.  as the overall NATO commander A military commander in the NATO chain of command. Also called allied commander. . Steven Erlanger Steven J. Erlanger is an American journalist who has been the Jerusalem bureau chief for The New York Times since July 2004. Erlanger joined the Times in September 1987. , NATO Action Reflects Shift in Tactics, N.Y. TIMES, July 11, 1997, at A5. On July 10, 1997, a British military operation led to the arrest of one indicted war criminal and the killing of another. Id. On Dec. 18, 1997, Dutch troops arrested two war crimes suspects. Hedges, supra note 84, at A20. On Jan. 22, 1998, United States troops arrested war crimes suspect, Goran Jelisic. Mike O'Connor, G.I.'s in Bosnia Make Their First Arrest of a War-Crimes Suspect, N.Y. TIMES, Jan. 23, 1998, at A7. NATO troops have arrested nineteen of the individuals currently in custody before the ICTY. International Criminal Tribunal for the Former Yugoslavia: Key Figures, http://www.un.org/icty/glance/keyfig-e.htm (last modified Mar. 29, 2001) (copy on file with the Air Force Law Review). Thirteen individuals voluntarily surrendered themselves to the ICTY and six others were arrested by domestic law enforcement. Id. Despite these arrests, NATO troops do not actively hunt war criminals, and they are unwilling to make any attempt to capture a well guarded or politically connected war criminal such as Slobodan Milosevic or Ratko Mladic.

(88.) See BEIGBEDER, supra note 3, at 162-163.

(89.) Barbara Crossette Barbara Crossette (born 12 July, 1939 in Philadelphia, Pennsylvania) is an American journalist and instructor in journalism.

She was Southeast Asia bureau chief and later United Nations bureau chief of The New York Times from 1994 to 2001.
, New Sanctions Incite Attacks by Afghans at U.N. Sites, N.Y. TIMES, Nov. 16, 1999, at A6.

(90.) Brian Blomquist, Afghans Defy Deadline to Hand over Bin Laden, N.Y. TIMES, Nov. 14, 1999, at Metro 5.

(91.) Afghanistan's Taliban regime has stated that Afghan hospitality makes it impossible to turn a house guest over to his enemies, but it has assured the United States that Bin Laden is under virtual house arrest because of international concerns. Holger Jensen Scripps, Taliban Snubs Hijackers But Won't Hand Over Bin Laden, DESSERT NEWS (Salt Lake City), Jan. 2, 2000, Viewpoint, at AA04.

(92.) Nilas Gunnar Billinger, Report of the Special Swedish Commission on International Police Activities, in POLICING THE NEW WORLD DISORDER: PEACE OPERATIONS AND PUBLIC SECURITY 459, 479 (Robert B. Oakley Robert Bigger Oakley was born in Dallas, Texas and raised in Shreveport, Louisiana. He graduated from Princeton University in 1952, with a Bachelors degree in Philosophy and History. A former U.S. , et al., eds., 1998). This book is a collection of essays that discuss in detail the role of United Nations civilian police in recent peace operations such as Cambodia, El Salvador El Salvador (ĕl sälväthōr`), officially Republic of El Salvador, republic (2005 est. pop. 6,705,000), 8,260 sq mi (21,393 sq km), Central America. , Mozambique, Somalia and Haiti.

(93.) Id. at 39.

(94.) Id.

(95.) Under Article 43 of the United Nations Charter, each member State was required to complete a "special agreement" with the Security Council that governed the type and number of military forces that the nation was obligating itself to provide to the Security Council for the purpose of maintaining international peace and security. U.N. CHARTER art. 43. However, the Security Council has never signed an Article 43 special agreement and does not have its own military forces. Andrew S. Miller, Universal Soldiers: U.N. Standing Armies and the Legal Alternatives, 81 GEO (Geostationary Earth Orbit) A communications satellite in orbit 22,282 miles above the equator. At this orbit, it travels at the same speed as the earth's rotation, thus appearing stationary. . L.J. 773, 782 (March 1993) (questioning the feasibility of creating a standing U.N. military force and recommending that the UN avoid being drawn into a major debate over this issue). The UN has never had a permanent, standby, or on-call military force acting under UN authority and prospects for one in the near future remain grim. David J. Scheffer, Peacekeeping, Peacemaking Peacemaking
See also Antimilitarism.

Agrippa, Menenius

Coriolanus’s witty friend; reasons with rioting mob. [Br. Lit.: Coriolanus]

Antenor

percipiently urges peace with Greeks. [Gk. Lit.
, & Peacebuilding: The Role of the United Nations in Global Conflict: Pe rmanent Peacekeeping: The Theoretical & Practical Feasibility of a United Nations Force: United Nations Peace Operations and Prospects for a Standby Force, 28 CORNELL INT'L L.J. 649 (Spring 1995).

(96.) In 2000, it cost over ninety-five million dollars just to run the ICTY for one year. International Criminal Tribunal for the Former Yugoslavia: Key Figures, http://www.un.org/icty/glance/keyfig-e.htm (last modified Mar. 29, 2001) (copy on file with the Air Force Law Review).

(97.) Jonathan Drimmer, When Man Hunts Man: The Rights and Duties of Bounty Hunters in the American Criminal Justice System, 33 HOUS HOUS Housing . L. REV. 731, 732-33 (Fall 1996).

(98.) Bounty hunters return 99.2% of all individuals in the custody of bondsman bondsman n. 1) someone who sells bail bonds. 2) a surety (guarantor or insurance company who/which provides bonds for performance. (See: bail bond, bond, bail bondsman)  while law enforcement returns 92% of individuals under public bail. Id. at 738 n.31. Mr. Bob Burton Bob Burton refers to the following people:
  • Bob Burton (journalist), a freelance journalist and public relations analyst based in Australia
  • Bob Burton, Jr., an American speedcuber
, president of the National Institute of Bail Enforcement Agents, claims that of the approximately 22,000 annual arrests by bounty hunters only about 15 of those arrests involve "errors." Kirk D. Richards and Matthew Marx, Proposed Law Would Limit Who Can Be Bounty Hunter, COLUMBUS DISP DISP Display
DISP Disposition
DISP Displacement (Offset)
DISP Dispenser
DISP Directory Information Shadowing Protocol (ANSI X.
., Oct. 3, 2000, at 1C.

(99.) Drimmer supra note 97, at 735. With the exception of the Philippines, commercial bailsbondman do not exist outside of the United States. F. E. DEVINE, COMMERCIAL BAIL BONDING A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an amount fixed by a court should the defendant named in the document fail to appear in court for the designated criminal proceeding at the date and time specified. : A COMPARISON OF COMMON LAW ALTERNATIVES 15 (1991). Other common law countries have chosen to use methods of recognizance recognizance

In law, obligation entered into before a court or magistrate requiring the performance of an act (e.g., appearance in court), usually under penalty of a money forfeiture. The most common use of recognizance is in connection with bail in criminal cases.
, criminal penalties, nonfinancial control of conduct, or noncommercial financial security deposit to insure an accused's presence at trial. Id. at 201. The most common type of bail system utilized by common law countries is the recognizance system. Id. Under the recognizance system, the accused or a noncommercial surety pledges to pay money to the State if the accused fails to appear at court. Id. Typically, no money is deposited with the court and a debt to the State is only incurred if the accused fails to appear at trial. Id.

(100.) Drimmer, supra note 97, at 735.

(101.) Drimmer, supra note 97, at 736.

(102.) Drimmer, supra note 97, at 736.

(103.) Taylor v. Taintor Taylor v. Taintor, 83 U.S. 366 (1872), was a United States Supreme Court case that is commonly referred to as having decided a person (such as a bail bondsman) into whose custody a person accused of a crime is remanded as part of the accused's bail has sweeping rights to , 83 U.S. 366, 371-72 (1872) (recognizing the bounty hunter's comprehensive common law right of recapture over a bailed defendant).

(104.) Drimmer, supra note 97, at 750-53. According, to Thomas Nixon Thomas Nixon (born September 27, 1961) is an author and online writer. His writings include Complete Guide to Online High Schools (Degree Press, 2007), Bears' Guide to Earning Degrees by Distance Learning (Ten Speed Press, 2006), , the chief instructor for the National Institute of Bail Enforcement Agents, although bounty hunters can legally break into a fugitive's home, most gain access simply by knocking at the door. Janet Caggiano, Skip Tracers Tracers

Refers to investment trusts which are populated by corporate bonds. In October 2001, Morgan Stanley's Tradable Custodial Receipts (Tracers) was launched. Tracers contain a number of coporate bonds and credit default swaps which are selected for liquidity and diversity.
; For Bounty Hunters, the Work Is 97 Percent Boredom and 3 Percent Fear, RICH. TIMES DISP., Sep. 5, 1999, at Gl. Nixon, a practicing bounty hunter, usually gains entry by posing as a salesman or courier; or he just waits until the fugitive leaves. Id.

(105.) Jonathan Drixmner, When Man Hunts Man: The Rights and Duties of Bounty Hunters in the American Criminal Justice System, 33 HOUS. L. REv. 731, 736 (Fall 1996). The author criticizes the lack of regulation of bounty hunters for causing unnecessary violence, the destruction of property, and the arrest of innocent victims. Id. at 737. These concerns, and an infamous 1997 Arizona case, prompted several States to enact or consider legislation to regulate bounty hunters. The 1997 Arizona case concerns five men who broke into a private residence and engaged in a gun battle with one of the home's occupants. Adam Cohen Adam Cohen is an American journalist and assistant editorial page editor of The New York Times. Cohen is a lawyer and author, with a particular interest in legal issues, politics and technology. , Murders at Dawn--Bounty Hunters Storm the Wrong House in Phoenix, Killing Two and Spurring the Cry for Safeguards, 150:11, TIME, Sep. 15, 1997, at 91. Two of the five intruders were shot before the intruders killed two of the home's occupants. After the fight, the five intruders told police that they were bounty hunters who mistakenly hit the wrong house while looking for Looking for

In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with.
 a California fugitive. Id. The leader of the raid was recently convicted of first degree murder and nine other criminal charges. Sentencing for Bounty Hunter Stalled, Hearing on New Trial Set, ARIZONA REPUBLIC, Jan. 30, 1999, Valley and State, at B2. State prosecutors maintained that the five intruders broke into the home under the mistaken belief that they would find a large amount of drugs and money and that their claims of being bounty hunters was merely a cover story. Id. Regardless of whether the intruders were truly acting as bounty hunters or not, their criminal acts spurred legislation nationwide that attempted to prevent bounty hunter misconduct.

(106.) A Nevada law, effective Oct. 1, 1997, requires bounty hunters to obtain a license. NEV NEV Nevada (old style US postal abbreviation)
NEV Neighborhood Electric Vehicle
NEV Nevis, Leeward Islands, Saint Kitts And Nevis (Airport Code)
NEV Network Enhancement Vehicle
NEV Network Event Viewer
. REV. STAT. ANN. [sections] 697.173(1) (LEXIS 2000). To qualify for a bounty hunter license in Nevada, a individual must be 21 years of age or older, be a United States citizen, have graduated high school, submit a negative drug test, undertake a psychological examination, complete required training, and pass a written examination. Furthermore, Nevada excludes anyone convicted of a felony, a crime of moral turpitude A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person's duty to
, or a crime involving the unlawful use, sale, or possession of a controlled substance controlled substance n. a drug which has been declared by federal or state law to be illegal for sale or use, but may be dispensed under a physician's prescription.  from holding a bounty hunter's license. Id. at [sections] 697.173(2).

Other representative state statutes also deal with bounty hunters: IND. CODE ANN. [sections] 27-10-3-5 (LEXIS 2000) (to obtain a permit bounty hunters must be at least 18 years old, a U.S. citizen, a resident of Indiana for six months and have no recent criminal convictions); GA. CODE ANN. [sections] 17-6-57 (LEXIS 2000) (must have a firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants.

: Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A
  • A-91 (Russia - Compact Assault Rifle - 5.
 license, be a U.S. citizen, 25 years old, and notify local sheriff and police chief before engaging in surveillance, apprehension, or capture); N.H. REV. STAT. ANN. [sections] 597:7-b (LEXIS 2000) (requires bounty hunters to be trained and certified by the Professional Bail Agents of the United States, to register with the secretary of state, and to notify local law enforcement before searching for a fugitive); UTAH Utah, state, United States
Utah (y`tä'), Rocky Mt. state of the W United States.
 CODE ANN. [sections] 53-11-108 (LEXIS 2000) (applicant for license must be at least 21 years of age, a citizen or legal resident of the U.S., not be convicted of a felony or a crime involving violence, fraud, or moral turpitude, have completed a training pro gram of not less than 16 hours, have at least 1,000 hours of experience as a bail recovery agent or law enforcement officer); TENN TENN Tennessee (old style)
TENN Tetranitroapthalene (Explosive) 
. CODE ANN. [sections] 40-11-318 (LEXIS 2000) (prohibits individuals with felony convictions from serving as bounty hunters and requires bounty hunters to notify local law enforcement before attempting to take any person into custody); ARK. STAT. ANN. [sections] 16-84-114 (LEXIS 2000) (requires bounty hunters to notify local law enforcement before attempting to apprehend a fugitive).

In 1999, West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures


Area, 24,181 sq mi (62,629 sq km). Pop.
 unsuccessfully attempted to pass legislation that would require bounty hunters to be licensed and will likely try to pass similar legislation again next year. Bounty Hunters' Charges Could Spur Law, CHARLESTON GAZETTE, Aug. 7, 1999, at 3A. Pennsylvania is considering legislation that would require bounty hunters to be 21 years of age or older, to be a citizen of the United States, to pass a background check for mental stability, to undergo 80 hours of training, and to not have a conviction for a felony, first or second degree misdemeanor, or any crime involving violence or fraud. S. Res. 1 931, 183rd Gen. Assem., 1999-00 Sess. (Pa. 1999). On Jan.. 19, 2000, a bill was introduced in Virginia that would regulate bounty hunters. S. Res. 582, Va. 2000 Sess. (Va. 2000). In 2000, Ohio is considering legislation that would require bounty hunters to be licensed and to notify local law enforcement before attempting to make an arrest. Kirk D. Richards and Matthew Marx, Proposed Law Would Limit W ho Can Be Bounty Hunter, COLUMBUS DISPATCH, Oct. 3, 2000, at 1G. Representative William A. Hutchinson, an Arkansas Republican, has proposed federal legislation in the United States House of Representatives that would require all bounty hunters in the United States to notify local law enforcement before attempting to obtain custody of a fugitive. Citizen Protection Act of 1998, H.R. 3168, 105th Cong., 2d Sess.

In 1999, Alaska strictly prohibited all bounty hunters from operating within their State by passing a law that prohibits private persons from making any arrest for a crime not committed or attempted in their presence. ALASKA STAT. [sections] 12.25.025 (LEXIS 2000). Kentucky, Wisconsin, and Illinois passed laws that prohibit companies from posting bonds for profit. Wanted: Get Out of Jail Free--Are Bounty Hunters Needed?, CINCINNATI ENQUIRER En`quir´er

n. 1. See Inquirer.

Noun 1. enquirer - someone who asks a question
asker, inquirer, querier, questioner
, Apr. 21, 1999, Editorial, at A14; DEVINE, supra note 99, 52-53. Furthermore, Kentucky law requires bounty hunters working for an out-of-state bondsmen to obtain a warrant from a Kentucky judge before arresting a fugitive in Kentucky. Id.

(107.) Drimmer, supra note 97, at 743. Bounty hunters typically earn ten percent of the bond, plus expenses. Caggiano, supra note 104, at Gl.

(108.) Despite legal immunity, bounty hunters still face criminal liability for mistakenly entering the wrong property or for using force against the wrong person. In a 1999 incident in DeKalb County, Georgia DeKalb County is a county located in the U.S. state of Georgia. As of 2000, the population was 686,712. According to the 2006 U.S. Census Bureau estimate, the county's population had risen to 723,602 [1]. The county seat is Decatur, Georgia6. , two bounty hunters kicked in a door at a wrong address and terrified ter·ri·fy  
tr.v. ter·ri·fied, ter·ri·fy·ing, ter·ri·fies
1. To fill with terror; make deeply afraid. See Synonyms at frighten.

2. To menace or threaten; intimidate.
 a 14 year-old girl who was there alone. Bill Torpy, Playing with a Different Set of Rules; Modernizing Bounty Hunting, ATLANTA JOURNAL, Feb. 28, 1999, Local News, at lE. Both bounty hunters were charged with criminal damage to property and one was also charged with misdemeanor battery. Id.

Bounty hunters may also face civil liability for mistakenly entering the wrong property or for using force against the wrong person. In a 1994 incident, bounty hunters wrongfully arrested a woman who was mistaken for a fugitive and transported her from Manhattan, New York to Tuscaloosa, Alabama Tuscaloosa is a city in west central Alabama in the southern United States. Located on the Black Warrior River, it is the seat of Tuscaloosa CountyGR6 and the fifth-largest city in Alabama with a population of 83,052 (2006 U.S. Census Bureau Estimate). . Cohen cohen
 or kohen

(Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male.
, supra note 105, at 91. A federal jury in New York awarded the wrongfully arrested woman $1.2 million. Id.

A Georgia law holds bounty hunters strictly liable for all damages when a bounty hunter enters the wrong property and causes property damage or injury. GA. CODE ANN. [sections] 176-58(c) (LEXIS 2000). Effective July 1, 2000, New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E).  will require bounty hunters to carry liability coverage in the amount of $300,000. N.H. REV. STAT. ANN. [sections] 597:7-b (LEXIS 2000).

(109.) supra note 12 and accompanying text.

(110.) Nine Convicted in Kidnap of War-Crimes Suspect, N.Y. Times, Dec. 11, 2000, at A15.

(111.) Convention on the Privileges and Immunities of the United Nations The Convention on the Privileges and Immunities of the United Nations, passed by the United Nations General Assembly in 1946, defines and specifies numerous issues relating to the status of the United Nations, its assets, and officials, in terms of the privileges and immunities , Feb. 3, 1946, 1 U.N.T.S. 15, art. IV.

(112.) Major Geoffrey Corn & Major Michael L. Smidt, "To Be or Not To Be, That is the Question" Contemporary Military Operations and the Status of Captured Personnel, June 1999 ARMY LAW. 1, 14. The GPW does not explicitly mention combatant immunity but it is inferred from the cumulative effect of the protections within the GPW. Id. at n. 124.

(113.) For example, the Genocide Convention opened for signature on Dec. 11, 1948 but was not ratified by the United States until 40 years later on Nov. 25, 1988. Genocide Convention, supra note 25.

(114.) Convention on the Safety of United Nations and Associated Personnel, G.A. Res. 49/59, 49 U.N. G.A.O.R. Supp. (No. 49) at 299, U.N. Doc. A/49/49 (1994) (hereinafter CSUNAP); see also Lieutenant Colonel Steven J. Lepper, The Legal Status of Military Personnel in United Nations Peace Operations: One Delegate's Analysis, 18 Hous. J. INT'L LAW 359 (Winter 1996), for an in-depth discussion of the drafting process and meaning of the Convention on the Safety of United Nations and Associated Personnel.

(115.) See CSUNAP, supra note 114, art. 9.

(116.) Judith Kumin, Foreign Aid Workers Need Protection Too, OTTAWA CITIZEN The Ottawa Citizen (established 1845) is an English-language daily newspaper owned by CanWest Global in Ottawa, Canada. According to the Canadian Newspaper Association, the paper has a circulation of 141,540. , Sep. 21, 2000, at A21.

(117.) BEIGBEDER, supra note 3, at 150.

(118.) State members to the United Nations must accept and carry out decisions by the Security Council. U.N. Charter art. 25. Security Council decisions must have affirmative votes from nine of the fifteen members of the Council and not be subject to the veto of any of the permanent members. Id. art. 27. The permanent members to the Security Council are the United States, China, the Russian Federation Russian Federation: see Russia. , the United Kingdom and France. Security Council, available at http://www.un.org/Overview/Organs/sc.html#MEMBERS (last visited Apr. 17, 2001) (copy on file with the Air Force Law Review).

(119.) "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security." U.N. CHARTER art. [39]

(120.) See BEIGBEDER, supra note 3, at 150-51.

(121.) Crossette, supra note 89. The United Nations Security Council ordered all countries to freeze Afghanistan government assets and to ban all flights to Afghanistan. Blomquist, supra note 90. On Dec. 19, 2000, the Security Council voted to broaden its sanctions against Afghanistan. UN Council Applies More Pressure on Taliban, CHICAGO TRIBUNE, Dec. 20, 2000, News, at 4. However, Afghanistan's leaders still refuse to hand over Osama Bin Laden. Id.

(122.) Prosecutor v. Tadic, Appeal on Jurisdiction, No. IT-94-l-AR72, paras. 31-37 (I.C.T.Y. Oct. 2, 1995), reprinted in 35 ILM 32 (1996), available at www.un.org/icty (copy on file with the Air Force Law Review).

(123.) Id. para. 34.

(124.) Id. para. 35.

(125.) Id. paras. 31-37.

(126.) Id. para. 39.

(127.) Mills, supra note 26, n.6; ICTY Statute, supra note 31.

(128.) U.N. CHARTER arts. 25 & 48, Currently, 189 States are members of the United Nations. List of Member States, at http://www.un.org/Overview/unmember.html (last visited Apr. 17, 2001) (copy on file with the Air Force Law Review).

(129.) Beverly Izes, Drawing Lines in the Sand Lines in the Sand may refer to:
  • Lines in the Sand (novel), a novel by Rhiannon Lassiter
  • Lines in the Sand (House episode), an episode of the television series House
  • Lines in the Sand
: When State-Sanctioned Abductions of War Criminals Should be Permitted, 31 COLUM. J.L. & SOC. PROBS. 1, 10 (Fall 1997). Ms. Izes also stated that abducted individuals should be permitted to bring human rights actions to an international tribunal for any abduction that failed to follow the United Nation's procedural guidelines on State-sponsored abductions. Id. at 14.

(130.) Id. at 2.

(131.) Id. at 14.

(132.) On February 29, 1992, after ten months of hearings and approximately 3,000 witnesses, a self-appointed commission found President George Bush, Vice-President J. Danforth Quayle, Secretary of Defense Richard Cheney, and General Norman Schwarzkopf guilty of nineteen war crimes committed during the course of the Gulf War. BEIGBEDER, supra note 3, at 137-38. These crimes included crimes against peace, indiscriminate in·dis·crim·i·nate  
adj.
1. Not making or based on careful distinctions; unselective: an indiscriminate shopper; indiscriminate taste in music.

2.
 bombing, use of prohibited weapons of mass destruction Weapons that are capable of a high order of destruction and/or of being used in such a manner as to destroy large numbers of people. Weapons of mass destruction can be high explosives or nuclear, biological, chemical, and radiological weapons, but exclude the means of transporting or , and crimes against humanity. Id. Lacking any enforcement authority, the commission did not pass any sentence but condemned these individuals in the strongest possible terms. Id. The commission ignored Iraq's unlawful act of aggression against Kuwait and that the UNSC had acted within its rights under the UN Charter in authorizing the use of military force against Iraq. Id. at 138. It also ignored Iraq's own war crimes. Id. The commission's real objective was to influence public opinion against the war. Id.

(133.) Indictments for the ICTY are prepared by a prosecutor and confirmed by a judge of the Trial Chamber if a prima facie case prima facie case n. a plaintiff's lawsuit or a criminal charge which appears at first blush to be "open and shut." (See: prima facie)  has been presented. If an indicted individual is not arrested, a public hearing is held before the full Trial Chamber. If the full Trial Chamber is satisfied that the indictment was issued upon probable cause then the full Trial Chamber will issue and transmit an international arrest warrant. Id. at 153. See also Rule 61, Procedure in Case of Failure to Execute a Warrant, Rules of Procedure and Evidence, IT/32/Rev. 9, ICTFY ICTFY International Criminal Tribunal for the Former Yugoslavia , July 5, 1996. The ICTY has issued international arrest warrants against twelve of the indicted individuals. Fact Sheet: International Criminal Tribunal for the Former Yugoslavia, http://www.un.org/icty/glance/procfact-e.htm (last modified Mar. 29, 2001) (copy on file with the Air Force Law Review). International arrest warrants have not resulted in the apprehension of any fugitive war criminals. Id.

(134.) ASHMAN & WAGMAN, supra note 64, at 30-32 (Schwammberger was known as the "mass murderer mass murderer
n.
1. A person, especially a political or military leader, who is responsible for the deaths of many individuals.

2.
a. A person who kills several or numerous victims in a single incident.

b.
 of Poland"). On November 17, 1987, people interested in collecting the reward led Argentine police to a small village where Schwammberger was hiding. Id. at 32.

(135.) Arrest Order Filed for Nazi Brunner, SUN-SENTINEL (Fort Lauderdale Fort Lauderdale (lô`dərdāl), residential, commercial, and resort city (1990 pop. 149,377), seat of Broward co., SE Fla., on the Atlantic coast; settled around a fort built (c.1837) in the Seminole War, inc. 1911. ), Sep. 11 1997, Editorial, at 14A.

(136.) Diplomatic Security Service Not to be confused with Defense Security Service.
See also the Bureau of Diplomatic Security Agents and personnel
The Diplomatic Security Service is the law enforcement arm of the U.S. State Department.
: US. Department of State, http://www.dssrewards.net/english/warcrimes/torture.html (last visited Apr. 17, 2001).

(137.) The authors of The Nazi Hunters state that two wealthy American businessmen offered them a "blank check Blank check

A check that is duly signed, but the amount of the check is left blank to be supplied by the drawee.
" for anyone who could abduct Alois Brunner, a Nazi war criminal hiding in Syria. ASHMAN & WAGMAN, supra note 64, at 28.

(138.) See supra notes 105-106.

(139.) For example, Janko Janjic, a fugitive war criminal indicted by the ICTY, is extensively tattooed. War Criminal Watch, COALITION FOR INTERNATIONAL JUSTICE, http://www.wcw.org (see "sightings" section for the ICTY on this web site) (last visited Apr. 17, 2001). One tattoo tattoo, the marking of the skin with punctures into which pigment is rubbed. The word originates from the Tahitian tattau [to mark]. The term is sometimes extended to scarification, which consists of skin incisions into which irritants may be rubbed to produce  on his forehead reads "I was dead before I was born." Id.

(140.) After Syria denied extradition requests for Alois Brunner, a Nazi war criminal, State agents unsuccessfully attempted to execute Brunner with mail bombs. See ASHMAN & WAGMAN, supra note 64, at 18. One bomb cost Brunner two of his fingers and the second bomb cost him one of his eyes. Id.

(141.) CHARLES ASHMAN & ROBERT J. WAGMAN, THE NAZI HUNTERS 17(1988). In 1954, France tried Brunner in absentia in absentia (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for "in absence," or more fully, in one's absence. Occasionally a criminal trial is conducted without the defendant being present when he/she walks out or escapes after the trial has begun, since the accused  and sentenced him to death. Id. at 26. Brunner worked in Damascus, Syria as an assistant manager for a trading company that represented West German firms under the alias, Dr. George Fischer. Id. In 1960, Syrian police arrested Dr. Fischer for drug smuggling but after Syrian officials learned his true identity, he was welcomed to the country and became a security advisor to the Syrian government. Id. at 26-27. Brunner helped train Syrian police in effective interrogation interrogation

In criminal law, process of formally and systematically questioning a suspect in order to elicit incriminating responses. The process is largely outside the governance of law, though in the U.S.
 methods and he is believed to be responsible for plotting several anti-Israelis incidents throughout the world, including the 1961 attempted bombing of the World Jewish Congress in Vienna. Id. at 27. Syria repeatedly denied West Germany's extradition requests for Brunner and even provided Brunner with armed, uniformed bodyguards. Id. at 27-28. The French, Greek, Czech, Austrian, and Israeli authorities all want custody of Brunner. Jam es, supra note 2, at 10. Poland is also considering demanding Brunner's extradition but then Syrian President Hafez Assad stated that to his knowledge Brunner was not in his country. Plea Over War Criminal, BIRMINGHAM POST For the former Birmingham, Alabama newspaper, see .
The Birmingham Post newspaper was originally published under the name Daily Post in Birmingham, England in 1857 by John Frederick Feeney.
, Jan. 19, 2000, News, at 9. But President Hafez Assad's recent death has provided new hope that Brunner will finally face extradition. Syria's new President, Assad's son, Bashar-al-Assad, is considering extraditing Brunner to Germany in exchange for closer diplomatic ties with Western countries. Allan Hall and Gabriel Milland, Last Major War Criminal to Go Back to Germany, EXPRESS, Oct. 31, 2000.

(142.) ASHMAN & WAGMAN, supra note 64, at 30.

(143.) Outstanding Public Indictments, http://www.un.org/icty/glance/indictlist-e.htm (last modified Mar. 29, 2001) (copy on file with the Air Force Law Review).

(144.) A former British military commander is already attempting to establish Justice Action, the world's first non-governmental war crimes investigation unit. James Clark James Clark - Dr. James H. Clark , Colonel Bob to Lead Hunt for War Criminals, LONDON SUNDAY TIMES, Jan. 28, 2001, Home News. The group will be staffed by former police officers and military investigators. Id. Justice Action is seeking funding from private individuals and charitable organizations This article is about charitable organizations. For other uses of the word charity, see Charity.
A charitable organization (also known as a charity) is an organization with charitable purposes only.
. id. The group will not act as an international police force but will attempt to put pressure on governments to apprehend and prosecute war criminals. Id.

(145.) Scott Anderson Scott Anderson is the name of:
  • Scott Anderson (baseball) (1962- ), former MLB pitcher
  • Scott Anderson (Hollyoaks), a character in UK soap opera Hollyoaks
  • Scott Anderson (Journalist), Journalist and Television Presenter on Channel 31, Melbourne, Australia
, What I Did on My Summer Vacation Summer vacation (also called summer holidays or summer break) is a vacation in the summertime between school years in which students are off for 3 months, depending on the country and district. , ESQUIRE, No. 4, Vol. 134, 104.

(146.) Id.

(147.) Id.

(148.) Id.

(149.) Id.

(150.) Id.

(151.) CHARLES ASHMAN & ROBERT J. WAGMAN, THE NAZI HUNTERS 280-97.

(152.) Id. at 287.

(153.) Id. at 290.

(154.) War Criminal Watch, COALITION FOR INTERNATIONAL JUSTICE, http://www.wce.org (visited Apr. 17, 2001).

(155.) See supra notes 11 and 110, and accompanying text.
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