America’s Kidnapping of Chinese Citizens Is under Which Law?

Published in Sina
(China) on 30 October 2010
by Yu Xiaodong (link to originallink to original)
Translated from by Meghan McGrath. Edited by Gillian Palmer.
According to recent reports, two Chinese citizens in Hungary will be extradited by the U.S. Secret Service to the United States within the next few days.

Being neither a legal expert or privy to inside information, I cannot interpret how these two Chinese citizens have provoked the FBI, but the U.S. has a persistent reputation of treating other countries’ citizens without respect. By the pattern and extent of America’s actions, clearly they only look after their own needs, likes and dislikes.

When looking up “American abduction” in Google or Baidu, the first search result is an Iranian scientist, abducted by the U.S., who denies any involvement with nuclear weapon research. In 2009, this scientist was unaccounted for in Saudi Arabia. This came at a crucial moment when the United States was making a big fuss about the Iranian nuclear weapon issue, and it was very concerning. Russia recently accused the U.S. of kidnapping a Russian citizen in Liberia over an alleged drug-trafficking crime; the U.S. responded that they followed all proper legal procedures.

One event in 2007 really caused a sensation throughout the world. That year, a high-level lawyer in the U.S. government told the Court of Appeals in London that U.S. intelligence agencies are allowed to “kidnap” British citizens who are wanted for crimes in the U.S. because the U.S. Supreme Court approved a new interpretation of the law to allow such actions. Prior to this, many countries were used to the United States imposing its will over others, as well as the United States using its own ethical standards to judge others’ rights and wrongs. Even the United States’ domestic laws often encroach upon international laws and practices, leaving the weak with no way out and allies like the British with a lump in their throat.

In fact, since World War II, when the United States was flourishing as “a leader of the free world,” their foreign operations have always found ways to justify their means. Anyone who opposes the will of the United States, so long as they can win, it will be by the same so-called lawful methods. Former President of Panama Manuel Noriega should be considered one of the highest-ranking military personnel. After being trained by U.S. military, he tried to overthrow the ruling power in Panama and began to compete with his teacher, all while trying to recover control of the Panama Canal. Thus, with drug trafficking, human rights violations and other charges, in the end, it was not so secret that the Secret Service kidnapped him, going in with tens of thousands of troops in stealth aircrafts and other high-tech weapons against only a little more than 5,000 regular troops in Panama. This author reckons this should be considered the largest public capture in human history. Now the former president has been extradited to France for a trial on other offenses.

Everyone has seen the sternness of American law enforcement through Hollywood blockbusters. We do not know at all the extent of what kind of operations have gone on in the last half century, or, in the end, how many people were actually guilty of crimes, but the United States is good at quite a few different types of operations. I can infer quite a few. Hereto, now I will recite three names: Mohammad Mosaddegh was the elected Prime Minister of Iran, whose democratic government was overthrown by U.S. and British intelligence agencies; after Mohammad Reza Shah came into power, the U.S. supported his dictatorship in order to better suit their own needs. Jacobo Arbenz Guzman, Guatemala’s elected president, was overthrown by the U.S. CIA in order to protect U.S. land interests in Guatemala. The U.S. then in turn supported the military government during a period of 40 years that spawned numerous humanitarian disasters; it is said that there were more than 20 million deaths. Patrice Lumumba, Congo’s first elected Prime Minister, was overthrown by a coup endorsed by the CIA, which eventually led to the world-renowned, cruel, 30-year dictatorship of Mobutu....


 据报道,日前,两名中国公民在匈牙利被美国特工设计诱捕,不日将引渡美国。

  由于并非法律专家,也不了解内情,在此,我无意解读这两位中国公民为什么招上了FBI,但一贯号称最讲法律的美国人,对待他国人士似乎并无尊重,行动的方式和程度,只看其需要和好恶。

  在谷歌或百度去搜索,在“美国绑架”的词条下,第一个就是被美国绑架的伊朗科学家否认从事核技术研究。这位科学家是2009年在沙特朝觐时失踪的。那时正值美国在伊朗核问题上大做文章的关键期,很是引人关注。而俄罗斯最近亦指责美国从利比里亚以走私毒品罪绑架了一位俄飞行员,而美国的回应也是,其所作的一切均符合法律程序。

  2007年更有一事真正轰动世界。那一年,美国政府的一名高级律师在伦敦上诉法庭上称,美国最高法院已批准一项新的法律解释,允许美国情报部门越境绑架违反美国法律的外国犯罪分子,并将之押送美国国内接受审讯。虽然在此之前,很多国家都习惯了美国将其意愿强加于别人之上,也习惯了美国常常以其价值标准来判断别人的对错,甚至其国内法常常凌驾于国际法之上,也往往让弱者无可奈何,但像这样将全世界都公然纳入其法律系统管理范围的做法,还是令盟友英国人都如鲠在喉。

  其实,自二战以后,当美国国力鼎盛,成为“自由世界”的领导者之后,对外行动从来就是不择手段。所有违背美国意愿的人,只要能够拿下的,一律是以所谓合法手段拿下。巴拿马前总统诺列加应该算是其中最高级别的人。这位美国培养出来的军人掌控大权之后,开始跟老师叫板,试图收回巴拿马运河的权益。于是,贩毒、违反人权等罪名不期而至,到最后,已经不是特工秘密绑架,而是数万大军在隐形飞机等高科技武器支援下,扑向只有五千多正规军的小小巴拿马——估计这应该算人类历史上最大规模的公开锁拿了。现在这位前总统又被以另一项罪名引渡至法国受审。

  世人都从好莱坞大片中看过美国执法者正义凛然的英姿,那些被抓的人恐怕却是另一种感受。我们并不知道在这持续了差不多半个世纪的各类行动中,到底有多少人是罪有应得,但从美国擅长的另一类行动中,可推测一二。在此,举三个名字:穆萨迪格——伊朗民选总统,因试图石油国有化被美英联合推翻,之后伊朗前国王巴列维在美英支持下上台执行独裁统治;阿本斯——危地马拉民选总统,因国有化美国公司拥有的土地而被美推翻,美国支持的军政府在长达40年的时间里制造了无数人道灾难,据说超过20万人死亡;卢蒙巴——刚果第一位民选总统,因倒向苏联而被美国收买的蒙博托杀死,随后以残忍著称于世的蒙博托30年专制开始……
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