Still, most countries believe that they can prosecute anyone who harms one of their citizens, regardless of location, he said. In the case of the U.S. and Mexico, no treaty covers this specific set of circumstances, he said.
If the Border Patrol agent went to Mexico for any reason, he could be subject to arrest, Raustiala said, and the U.S. would have difficulty arguing that Mexico was acting illegally. On the other hand, if Mexican authorities kidnapped the agent in the U.S. and took him to Mexico for trial – as the U.S. did in the case of a Mexican doctor involved in the torture and killing of a U.S. Drug Enforcement Administration agent – the U.S. could argue violation of its sovereignty, he said.
