Legal aspects of intelligence gathering through extraordinary rendition operations

Global threats posed by Al Qaeda and its associated movements have seriously challenged international security and protection of democratic values. Placing intelligence as one of the top priorities during global counterterrorist efforts, the U.S. has led an anti-terrorist coalition while employing offensive intelligence collection, including the so called “extraordinary rendition operations,” conducting them using secret detention. This practice under the International Laws of Armed Conflict has posed serious concerns for European allies. Even more, the European Court for Human Rights has found that Macedonia has violated European convention of Human rights. The article explores whether such European Court for Human Rights’ practice is result of a different legal tradition or whether the gathering intelligence through extraordinary rendition operations is in conflict with general International law. Additionally, the article discusses the reasons behind the recent trend, i.e., that although deeply criticized, according to some reports U.S. practice on extraordinary rendition has so far been supported by more than 50 states around the globe