When Diplomatic Protests Are Not Enough

Abstract

This chapter addresses the interplay between the rule of specialty, prudential standing, and diplomatic protests in current US international extradition practice through examining the controversial decisions of the Eleventh Circuit Court of Appeals in the case of United States v. Valencia-Trujillo regarding which the Republic of Colombia has issued no less than three diplomatic notes of objection. To date, the Eleventh Circuit’s direct appeal decision in Valencia-Trujillo remains the most extreme holding in the country and has created a direct conflict with other federal circuits. The work further analyzes competing theories on the rule of specialty and whether its enforcement is dependent upon the nature of the extradition, as well as issues related to ineffective assistance of counsel. Finally, the chapter concludes with practical advice for attorneys litigating such complex matters.