U.S. Kidnaping of Alvarez Machain

William Smith’s attempt to justify the U.S. government’s kidnaping of Dr. Humberto Alvarez Machain, a Mexican citizen, from Mexico without Mexico’s permission is full of holes (“A Question of Morality Over Legality,” Column Right, Oct. 25). First, what Smith terms “foreign politicians’ whinings” are in fact diplomatic protests relating to a gross violation by the United States of a fundamental principle of international law. This U.S. disregard for rules of territorial sovereignty has harmed our relations with other countries, damaged our credibility when we claim to uphold the rule of law in the world, and adversely affected our ability to negotiate successful treaties.

Smith would not want to live in a world lacking international law’s contributions to stability. On this issue alone, as President Reagan’s State Department legal adviser testified in 1985, we would not be pleased “if some foreign nation--let us take the United Kingdom--came over here and seized some terrorist suspect in New York City, or Boston or Philadelphia.”

Second, Smith ignores extradition treaties, which provide the exclusive mechanisms recognized under international law for the United States to obtain jurisdiction over accused criminals located in other countries. Our extradition treaty with Mexico exists because the international legal proscription against unconsented to international kidnapings is so clear.

Third, Smith’s allegations that Mexico lacks a functioning judicial and prison system would come as quite a shock to Rafael Caro-Quintero, who was indicted along with Alvarez Machain by the United States. Caro-Quintero has been tried, convicted and jailed in Mexico.

Smith does, however, do us the service of bringing to public attention a glaring example of the Bush Administration’s violation of international law.

JOHN E. NOYES

Professor of International Law

Calif. Western School of Law, San Diego