FAS

Rendition, Ordinary and Extraordinary

07.09.08 | 1 min read | Text by Steven Aftergood

“Rendition” refers to the transfer of a detained person to another jurisdiction for trial. For most purposes it is the same thing as extradition.

“Extraordinary rendition,” however, leaves out the trial. It means the transfer of a prisoner elsewhere for purposes of interrogation and, too often, torture.

“Putting ‘extraordinary’ in front of rendition changes the meaning fundamentally,” wrote constitutional scholar Louis Fisher in a comprehensive new law review article on the subject (pdf).

“Rendition operates within the rule of law; extraordinary rendition falls outside. Rendition brings suspects to federal or state court; extraordinary rendition does not.”

See “Extraordinary Rendition: The Price of Secrecy” by Louis Fisher, American University Law Review, volume 57, number 5, June 2008.

There are intermediate cases. When Israeli agents kidnapped the Nazi war criminal Adolf Eichmann from Argentina in 1960, it was an act of abduction rather rendition. Yet Eichmann was taken to trial with full legal process.

“Because there was no extradition treaty between Israel and Argentina, the U.N. Security Council asked Israel to pay reparations to Argentina, and Israel complied,” Fisher recalled.

publications
See all publications
Emerging Technology
Blog
Team Science needs Teamwork: Universities should get in on the ground floor in shaping the vision for new NSF Tech Labs

At a time when universities are already facing intense pressure to re-envision their role in the S&T ecosystem, we encourage NSF to ensure that the ambitious research acceleration remains compatible with their expertise.

12.12.25 | 4 min read
read more
Emerging Technology
Blog
NSF Plans to Supercharge FRO-style Independent Labs. We Spoke with the Scientists Who First Proposed the Idea.

FAS CEO Daniel Correa recently spoke with Adam Marblestone and Sam Rodriques, former FAS fellows who developed the idea for FROs and advocated for their use in a 2020 policy memo.

12.12.25 | 10 min read
read more
Government Capacity
Blog
Demystifying the New President’s Management Agenda

In a year when management issues like human capital, IT modernization, and improper payments have received greater attention from the public, examining this PMA tells us a lot about where the Administration’s policy is going to be focused through its last three years.

12.11.25 | 20 min read
read more
Government Capacity
day one project
Policy Memo
A Digital Public Infrastructure Act Should Be America’s Next Public Works Project

Congress must enact a Digital Public Infrastructure Act, a recognition that the government’s most fundamental responsibility in the digital era is to provide a solid, trustworthy foundation upon which people, businesses, and communities can build.

12.08.25 | 18 min read
read more