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  • Male Captus Bene Detentus?

Male Captus Bene Detentus?

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The infamous abduction of Adolf Eichmann in Argentina on May 11, 1960, as well as the recent kidnapping of suspected terrorist Abu Omar in Italy on June 17, 2003, show that the use of irregular means was and is still considered an option in apprehending suspects, especially when the interests are considered to be strong. Since the International Criminal Court (ICC) also has to deal with suspects of serious crimes, one wonders what the position of the ICC - arguably the most important institution in the field of international criminal justice - is towards suspects who claim that the way they were brought into the ICC's jurisdiction was irregular (male captus). Basically, does the ICC opt - taking into account, of course, that much will depend on the exact circumstances of the case - for effectiveness, in the sense of achieving prosecutions and convictions, and will it continue to exercise its jurisdiction, notwithstanding the male captus (male captus bene detentus)? Or is it of the opin
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