Prof Ivy Lee of Cal-State attacks the Meng detention as an example of the US violation of the rule of law. She is mistaken, at least in her legal analysis. eastasiaforum.org/2019/01/08/the…
She argues that charges against Meng violate intl law limits on extraterritorial laws. But as I've pointed out, Meng is alleged to have defrauded a US subsidiary bank. She may have even communicated with US persons in her alleged fraud. I doubt this exceeds intl law limits.
To put this another way, why does China get to prosecute Taiwanese who allegedly committed fraud from Kenya by calling people in China. Not even the US thinks that violates intl law. nation.co.ke/news/China-jai…
Lee asks: "[W]d Canada have arrested and prosecuted Meng for bank fraud in Canada w/out the US request?" The answer is no, but that is why we have extradition treaties. Would Canada have arrested alleged corrupt official Lai absent China's request? reuters.com/article/us-chi…
Lee's most ridiculous claim is that Meng''s detention cd be "extraterritorial kidnapping." Meng is living at home on bail and can challenge her detention in court having viewed evidence agt her. If this is kidnapping, all law enforcement is kidnapping.
Holding someone under detention (as China is doing to Messrs Kovrig and Spavor) without giving them access to a lawyer or revealing evid against them is much closer to kidnapping. But Prof Lee doesn't even acknowledge this.
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