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America’s Right to Kidnap: What Alvarez-Machain Tells Us About Legal Dualism at the Border of Sovereignty
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America’s Right to Kidnap: What Alvarez-Machain Tells Us About Legal Dualism at the Border of Sovereignty
On September 3, 2026, lawyers for Nicolás Maduro filed a motion asking a federal judge in Manhattan to dismiss the narco-terrorism indictment against him, arguing that a sitting head of state enjoys absolute immunity from the criminal jurisdiction of any court but his own. Yet the doctrinal groundwork for treating a foreign leader’s forcible removal as jurisdictionally unproblematic had already been laid, more than three decades earlier, in a ca…
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