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Ntakirutimana v. Reno
United States Court of Appeals for the Fifth Circuit
184 F.3d 419 (1999)
In 1994 the United Nations Security Council created the International Criminal Tribunal for Rwanda (ICTR) to prosecute individuals who participated in the genocide in Rwanda. In 1995 President Clinton signed an executive agreement with the ICTR obligating the United States to extradite suspects to the ICTR. Congress subsequently passed legislation to implement this executive agreement. Elizaphan Ntakirutimana (plaintiff), a resident of Texas, was indicted by the ICTR, but a magistrate judge denied the request for Ntakirutimana’s extradition because an extradition treaty had not been created with the approval of two-thirds of the Senate. A district court judge overturned the magistrate’s decision. Ntakirutimana initiated a habeas corpus petition to avoid extradition. The district court denied the petition, and Ntakirutimana appealed.
Rule of Law
Holding and Reasoning (Garza, J.)
Dissent (DeMoss, J.)
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