Does an extradition treaty prohibit government authorized or sponsored kidnapping of an individual from the jurisdiction of one of the signatory nations for the purpose of trying him in the courts of the other signatory nation?

Our conclusion that extradition treaties prohibit government authorized or sponsored kidnapping of an individual from the jurisdiction of one signatory nation for the purpose of trying him in the courts of the other, does not mean that the two countries may not agree in an individual case that a fugitive should be delivered from one to the other without invoking the formal extradition process. As we have noted, treaties are in the nature of contracts between nations. Just as a private party may waive a term in a contract that is in the contract for his benefit, so a signatory to an extradition treaty may waive the requirement that the other signatory follow the procedures set forth in the treaty. Thus, the fact that there is an extradition treaty between two nations is no bar to one of those nation's voluntarily surrendering an individual to the other without invocation of the treaty. See, e.g., United States v. Valot, 625 F.2d 308 (9th Cir.1980) (finding no treaty violation where Thai authorities surrendered defendant to United States authorities in Thailand). However, the fact that a nation may consent to surrender a fugitive outside of the extradition process without violating an extradition treaty does not bear upon the question whether a forcible removal of an individual without the consent of the nation in which he resides or has taken refuge constitutes a violation. It is one thing to say, as many cases do, that a rendering nation may waive extradition procedures without violating an extradition treaty. It is quite another to say that a forcible abduction of an individual by a treaty signatory without the acquiescence of the nation in which he resides or is taking refuge is consistent with such a treaty. As we have stated, no case so holds, and such a rule would frustrate the very purpose for which nations enter into extradition treaties.