Sosa v. Alvarez-Machain case brief

Sosa v. Alvarez-Machain


Procedural History:
Appeal of judgment awarding damages to foreign national.

Overview:
[Alvarez-Machain (P) claimed he was involuntarily detained by bounty hunters and brought to the United States.]

Issue:
Does the abduction of a foreign national amount to an “arbitrary arrest” within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights?

Rule:
the abduction of a foreign natural does not amount to an “arbitrary arrest” within the meaning of the UNDHR and the ICCPR

Analysis:
This short case excerpt illustrates the concept of selfdetermination under international law. No document can give rise to obligations as a matter of international law that does not expressly purport to do so, and no state can be bound to  any international pact without its consent.

Outcome:
No. The abduction of a foreign national does not amount to an «arbitrary arrest” within  the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The Declaration does not impose obligations as a matter of international law, and while the Covenant binds the United States as a matter of international law, the United States ratified it on the express understanding that it was not self-executing, and therefore did not itself create obligations that were enforceable in the federal courts .