Wednesday, December 14, 2005

Extradition from the Czech Republic to the United States—Oussama Kassir

A Swedish man born in Lebanon has been charged in a plot to set up a terrorist training camp in Oregon.[1] The charge against Oussama Kassir relates to an earlier indictment charging Mustafa Kamel Mustafa and Haroon Aswat—better know as Abu Hamza al-Masri—in the plot; those two men are being detained in England and are facing extradition to the United States.[2]

According to the complaint, Mr. Kassir and others conspired to establish a training camp in Bly, Oregon “to teach military-style methods so a community of Muslims could move to Afghanistan to fight or receive further training there.”[3] It seems that the camp began in late November of 1999, but never proceeded beyond several men taking target practice.[4]

Mr. Kassir was arrested in Prague on Sunday after a warrant was filed with , and he is facing from the Czech Republic.[5] He had been en route from Stockholm, Sweden, to Beirut, Lebanon.[6]

International extradition from the Czech Republic to the United States is presumptively governed by the and the between the United States and Czechoslovakia. Note, however, that the US Department of State cautions that “[o]n December 31, 1992, at midnight, Czechoslovakia ceased to exist and was succeeded by two separate and independent states, the Czech Republic and the Slovak Republic. The status of the agreements [between the US and these republics] is under review.”[7] For all intents and purposes we assume that the treaty between the US and Czechoslovakia is valid.

According to the treaty, establishing training camps for the purpose of training future terrorists is not among the listed offenses for which extradition is applicable.[8] Murder is an extraditable offense,[9] as is being a conspirator to commit murder,[10] but the offense for which Mr. Kassir is charged does not fit nicely into the terms of the extradition treaty; this is why you see modern extradition treaties use “dual-criminality” clauses instead of the “laundry list” method seen here.

There are, however, a couple of international conventions that might allow the extradition of Mr. Kassir. The first is the [hereinafter IPP], and the second is the [hereinafter STB]. Because the IPP really only applies to diplomatic agents, we won’t address it here. Instead, we will look at the STB.

Under the terms of the STB, it is an offense within the meaning of the Convention if a person “unlawfully and intentionally delivers, places, discharges, or detonates an explosive or other lethal device in, into or against a place of public use, a State or government facility, a public transportation system or an infrastructure facility.”[11] The bombings must be done with the intent to cause death or serious bodily injury, or to cause extensive destruction which results in major economic loss.[12] Attempts are covered by the convention, as is organizing or directing others to commit such an offense.[13] Of course, this is not a perfect fit for what Mr. Kassir is accused of doing.

In any event, the offenses listed in the STB Convention “shall be deemed to be included as extraditable offences in any extradition treaty existing between any of the States Parties before the entry into force of this Convention.”[14] Furthermore, the country in which the suspect is found is under an obligation, if it is determined that the STB applies to the acts with which the suspect is accused, to either extradite the individual or prosecute him itself.[15]

It will be very interesting to see just how the extradition hearings play out.


[1] Larry Neumeister, , Associated Press, Dec. 14, 2005.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] US Dept. of State, 75-76, Jan. 1, 2005. (PDF)
[8] See Extradition Treaty, Jul. 2, 1925, U.S.-Czech., art. II, TS 734, 6 Bevans 1247.
[9] Id. art. II, para. 1.
[10] Id. art. II.
[11] STB, Dec. 15, 1997, art. 2, para. 1, S. Treaty Doc. No. 106-6 (2002).
[12] Id.
[13] Id. art. 2, para. 3(b).
[14] Id. art. 9, para. 1.
[15] Id. art. 8.

posted by McNabb Associates, P.C. @ 11:00 AM