The Evolution of the U.S. Extraordinary Rendition Program: Violations of International Law Under Ker-Frisbe and the Convention Against Torture

Abstract

This paper will contrast the relatively benign state practice of forcible extraterritorial abduction, as practiced by the United States under the Ker-Frisbe doctrine, with the United States’ more recent practice of extraordinary rendition in violation of the Convention Against Torture and the Ker-Frisbe doctrine. In so doing it will evaluate the liabilities that the violation of international legal obligations has caused for the United States and its allies. The facts of the well known extraordinary rendition of Abd al-Rahim al-Nashiri as part of the CIA “Rendition Detention and Interrogation” (“RDI”) program will provide insight into the scope of the CIA’s departure from simple extraterritorial abduction during the extraordinary rendition program.