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19 Hous. J. Int'l L. 829 (1996-1997)
Military Might Versus Sovereign Right: The Kidnapping of Dr. Humberto Alvarez-Machain and the Resulting Fallout

handle is hein.journals/hujil19 and id is 841 raw text is: MILITARY MIGHT VERSUS SOVEREIGN RIGHT: THE KIDNAPPING OF DR. HUMBERTO ALVAREZ-MACHAIN AND THE RESULTING FALLOUT* Mark S. Zaidt TABLE OF CONTENTS I. INTRODUCTION .................................................................... 831 II. FACTUAL BACKGROUND ....................................................... 836 III. THE LEGAL DECISIONS INVOLVING ALVAREZ-MACHAIN ..... 838 A. District Court Decision ................................................ 838 B. Court of Appeals Decision ........................................... 838 C. The Supreme Court ..................................................... 839 IV. THE REACTIONS TO ALVAREZ-MACHAIN .............................. 840 A. Reactions of Foreign Governments .............................. 841 1. M exico ................................................................... 841 2. A rgentina .............................................................. 844 * This article is based on remarks made during a panel presentation entitled Extradition at a conference on The Role of International Law in the Americas: Rethinking National Sovereignty in an Age of Regional Integration, which was held in Mexico City, June 6-7, 1996, and was co-sponsored by the American Society of International Law and El Instituto de Investigaciones Juridicas de la Universidad Nacional Aut6noma de Mexico. Joint copyright is held by the Houston Journal of International Law, the author, and El Instituto de Investigaciones Jurfdicas de la Universidad Nacional Autdnoma de Mdxico. t Mr. Zaid, a Washington, D.C. practitioner, specializes in matters of international criminal law, public international law, national security issues, and litigation under the Freedom of Information/Privacy Acts. He is a Council member on the American Bar Association's Section of Criminal Justice and Vice-Chair of the Section's Committee on International Criminal Law. J.D., Albany Law School; B.A., University of Rochester. The author expresses his thanks to Paul Hoffman, Esq., and the organizers and sponsors of the Conference for inviting him to participate, as well as to Professor Michael P. Scharf and Bruno A. Ristau for their assistance in editing this article. The views expressed by Mr. Zaid are his own and do not necessarily reflect the views of any organization or entity with which he is or has been affiliated. 829

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