The Abu Omar Case in Italy and the Effects of CIA Extraordinary Renditions in Europe on Law Enforcement and Intelligence Activities

This article deals with the political and legal implications concerning alleged U.S. extraordinary renditions of suspect terrorists on European soil. The author considers this practice as a clear violation of the jus cogens norm of non-refoulement and, more particularly, a crime against humanity. The author highlights the inadequacy of controls of European states’ systems on internal and foreign secret services and consequently the necessity that their activities be subject to democratic control. The author excludes that those responsible for extraordinary renditions could invoke immunity as state organs and affirms the necessity that the relationship between state immunity and human rights could be defined more precisely by national and international courts. Finally, the author proposes solutions at the national and international level to avoid human rights violations caused by extraordinary renditions.