The Feasibility of Subjecting Extraordinary Rendition to Independent Legal Scrutiny

Abstract

In response to the attacks of 9/11 a multifaceted strategy of criminalising and combating terrorism around the globe has been adapted. States of the international community of the UN declared solidarity with the U.S. in combating terrorism. The international community agreed on several resolutions in regards to the threat of terrorism post 9/11 most prominently resolution 1373. This resolution, inter alia obliges states to “intensify[ing] and accelerate[ing] the exchange of operational information”. Intelligence agency work did not appear over night and is not objectionable when used within its legitimate mandate. However, this mandate will be overstepped when the collection or exchange of information contributes to torture, mistreatment, wrongful deportation or detention of terrorism suspected persons. Extraordinary rendition is another strategy combating terrorism authorised by the U.S. government during President Bush’s term in office. This practice involves a well-directed deportation of terrorist suspects to secret detention centres in Europe as well as other countries in order to extract intelligence from them by means of torture which is illegal in the U.S and elsewhere. Terrorist suspects became victims of such illegal measures used by the U.S due to the “war on terror”. Other states may have assisted the U.S. in dealing with terrorist suspects outside the rule of law providing at least airspace and airports for illegal detention flights due to the close cooperation in combating terrorism. In order to maintain and protect constitutional principles, independent review and control mechanisms of intelligence agencies’ work have to be granted by the state.