Extradition and the airport transit lounge – the Snowden case

摘要

The case of the 29 year old whistleblower Edward Snowden brought to bear the serious ripples of diplomatic fallout that follow an international event of espionage, political interests and strategic manoeuvring between three of the most powerful and influential States in the world. Underlying this intrigue were also the significant legal issues that emerged in the field of transportation security. Issues such as, how is an offender treated at the transit lounge of an international airport? Is the transit lounge a “no man’s land” pertaining to which the State in which the airport is located has no control or jurisdiction? What does international law have to say on these issues? What role does extradition play in ensuring security in international transportation of persons? This article addresses all these issues, including the complexity of extradition in the international context and domestic law and treaty law; nuances of international relations and the politics of transportation concerning those who commit offences; territorial sovereignty of a State; and State responsibility toward ensuring international cooperation and the apprehension of offenders who use international transportation to avoid prosecution at home.