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40 Brit. Y.B. Int'l L. 77 (1964)
Acquisition of Custody over the International Fugitive Offender - Alternatives to Extradition: A Survey of United States Practice

handle is hein.journals/byrint40 and id is 83 raw text is: ACQUISITION OF CUSTODY
IN the dramatic circumstances of Dr. Soblen's case are to be found many
issues of the foreign and domestic policies of the United Kingdom, the
United States, and Israel and of law and morality, but the significance of
this whole episode lies in the ready recourse to expulsion in a situation in
which the conditions of extradition apparently could not be satisfied.,
Acquisition of custody over a fugitive offender by methods other than
extradition is by no means novel in State practice. Even so, the Soblen
case must be classed with the Eichmann, Argoud and Ahlers cases among
the more spectacular of recent instances in which the method of recovery
of an international fugitive offender, if not the objective served thereby,
has been open to question.2 Moreover, these instances show that once a
© Professor Alona E. Evans, 1965.
For an analysis of the legal issues in the Soblen case, see Paul O'Higgins, 'Disguised Extra-
dition: The Soblen Case', Modern Law Review, 27 (1964), p. 521. The case has aroused consider-
able interest, see comments listed, ibid., note x at p. 1. Dr. Soblen was party to the following
cases: R. v. Secretary of State for Home Affairs, Ex parte Soblen, [1962) 3 All E.R. 373; R. v.
Governor of Brixton Prison, Ex parte Soblen, [x962] 3 All E.R. 641; United States v. Soblen,
199 F. Supp. I1 (S.D.N.Y. 1961), affirmed 30 F. zd 236 (zd Cir. 1962), cert. denied 370 U.S.
944 (1962). For a brief account of the Israeli phase of the case, see 'Soblen Case Summarized',
The Israel Digest, 5 (August 1962), p. 8. 'Deportation' in the broadest sense comprehends exclu-
sion and expulsion among other methods for the ouster of aliens from a country. As these are
hardly terms of art, depending as they do for definition upon particular national law and practice
(cf. Holmes v. Belgian State (Minister of J7ustice), I.L.R., vol. 21, p. zz; United States, Ex rel.
Paktorovics v. Murff, z6o F. zd 61o (2d Cir. 1958), or 8 Code of Federal Regulations (January
1964), § 243. 3 (henceforth cited as C.F.R.); in the present discussion, unless otherwise noted,
'exclusion' will be used in the sense of barring an alien from admission into the country; 'expul-
sion', in the sense of ejecting an alien who has been admitted into the country; 'asylum State'
will designate the State in which the fugitive has taken refuge; 'requesting State' will designate
the State which is seeking custody of the fugitive. The present article was completed in June
2 On Eichmann, see, e.g. Pearlman, The Capture of Adolf Eichmann (1961); Arendt, Eichmann
in J7erusalem (1963); Papadatos, The Eichmann Trial (1964). Colonel Antoine Argoud, leader of
the military revolt against President De Gaulle during the Algerian controversy, was kidnapped
from Munich in February 1963, and later sentenced to life imprisonment. West Germany pro-
tested the kidnapping; New York Times, 31 December 1963, p. 3, col. 4; 1 January 1964, p. 3,
col. 5 (city ed.). Conrad Ahlers, one of the editors of Der Spiegel, fled to Spain after police raids
on the magazine following his criticism of the state of military preparedness in West Germany.
He was summarily deported from Spain to Germany at the request of German authorities. De-
fence Minister Strauss was subsequently dropped from the Government for his part in the affair.
In October 1964 Ahlers and two others were indicted for treason on the charge of publishing State
secrets in the magazine; New York Times, 28 October 1964, p. 3, col. I; 9 November, p. 1I,
col. i; 1 i November, p. 15, col. 1 (late city ed.): The Observer (London), 18 October 1964, p. 6,
col. 3. Charges against Ahlers and the publisher of Der Spiegel were dismissed by the Federal
Supreme Court in May 1965; New York Times, 15 May 1965, p. 5, col. 5.

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