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
Report
SOURCE CODE: A Policy Agenda for Fostering Trust and Fairness in AI

These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Move Algorithmic-Driven Pay and Scheduling Systems From Surveillance Pay to Fair Wages

The evidence is clear: algorithmic pay-setting is established in app-based work, and payroll/timekeeping failures show how software can produce systemic wage harm at scale

06.11.26 | 15 min read
read more
Emerging Technology
day one project
Policy Memo
How State Leaders Can Put People First in AI Decision-Making

While a few states have taken steps to implement decision-making mechanisms for certain AI systems, too many leaders are simply accepting narratives about AI’s purported public benefit at face value – jumping to the “how” of AI implementation before thoroughly vetting potential systems and deciding whether they are appropriate to use at all.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Empowering Communities through Community Benefit Agreements in AI-Fueled Data Center Development

When properly structured — with specific numeric targets, secured financial obligations, independent monitoring, and meaningful enforcement — CBAs transform data center deals into durable community partnerships.

06.10.26 | 16 min read
read more