Pulling Teeth: Can Dr. Walter Palmer be extradited? By, Sarah Trego *

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1 Pulling Teeth: Can Dr. Walter Palmer be extradited? By, Sarah Trego * Animal poaching is nothing new. However, the subject of animal poaching and big-game hunting has come to the focus of the media as of late. This is because of the recent and tragic slaying of Cecil the Lion, a beloved national mascot, subject of an Oxford University study, and father and alpha male to several cubs and an entire lion pride. 1 Walter Palmer, a Minnesota dentist who is no novice to big game hunting and the controversy it encompasses, tracked and killed thirteen year old Cecil over a time period of forty hours with the help of two local guides, one of whom has since been prosecuted. 2 Palmer maintains that he did not know he was pursuing the famous Cecil, and that he obtained all the permits necessary to hunt the lion. 3 Palmer baited Cecil away from the animal preserve, maimed him with a crossbow, and then stalked him for additional forty hours before finally shooting him in the head with the same crossbow, skinning him, and decapitating him for purposes of mounting. 4 To Dr. Palmer, Cecil was nothing more than a trophy hunt. His death was not for the purposes of sustenance, nor for the safety of others. What many find most disturbing is that Dr. Palmer paid guides fifty thousand dollars just to track and kill Cecil. 5 Palmer denies breaking any laws and maintains his innocence. In 2008, he pleaded guilty to falsifying statements to the United States Fish and Wildlife Service regarding a black bear he * Sarah Trego is a 2017 Juris Doctor Candidate at University of Baltimore School of Law, and a staff editor for the Journal of International Law. She graduated from Towson University with a B.S. in Political Science. She plans to pursue a concentration in family law. 1 Don Melvin, Zimbabwean Officials:American man wanted in killing of Cecil the Lion, CNN (Jul. 28, 2015), 2 Id. 3 Id. 4 Id. 5 Id.

2 shot outside of an authorized hunting zone. 6 Zimbabwean officials initially pledged to extradite Palmer for killing a local treasure, and the U.S. Fish and Wildlife Service has recently undergone an investigation. 7 Palmer went into hiding after the media fallout, then returned back to work, but the more troubling issue is whether or not Palmer can or will be extradited for hunting Cecil. Extradition is not a simple process. Extradition is defined as the surrender of person charged with a crime from one state to another state. 8 Although Zimbabwe had initially asked the United States to extradite Dr. Palmer to be charged with felony poaching, it was ultimately the decision of the U.S. whether or not proceed, however Zimbabwe has since dropped the case against Palmer. 9 Professor Fred Morrison stated that, [I]n order for an offense [sic] to be extraditable, there must be dual criminality that is, the conduct alleged must be a crime in both countries. 10 However, Palmer cannot be extradited until he is officially charged with crimes in Zimbabwe, and on October 12, 2015, they announced that they were declining to do so. 11 One problem Zimbabwe could have faced with the extradition of Palmer is cooperation without the United States. However, a 1998 treaty exists between the two counties allowing a person to be extradited if they could potentially serve more than a year in prison. 12 The treaty, 6 Alexander Smith & Sean O Murchu, Cecil the Lion Killer Walter James Palmer has Bear-Related Felony Record, NBC NEWS (Jul. 29, 2015), 7 Dan Ashe, The African Lion Needs Our Help, U.S. FISH AND WILDLIFE SERVICE (Jul. 31, 2015), 8 Extradition Treaty with Zimbabwe, Jan. 28, 1998, 105tdoc33.pdf. 9 Morgan Windsor, Will Walter Palmer be extradited? Cecil the Lion s killer allegedly broke laws in Zimbabwe, U.S., INT L BUSINESS TIMES (Jul. 31, 2015), skiller-allegedly-broke-laws-zimbabwe-us Harriet Alexander, David Millward & Peta Thornycroft, I HOPE HE LOSES HIS BUSINESS, NAT L POST (Jul. 30, 2015), 11 Elliot McLaughlin, Zimbabwe won t press charges against Cecil the Lion s killer, CNN NEWS (Oct. 12, 2015), 12 Extradition Treaty, supra note 8.

3 signed into law by President William Clinton on July 25, 1997, exists exclusively to facilitate extradition, defining what an extraditable offense is. 13 invoke nationality as a basis for denying extradition. 14 The treaty states that a party may not If he was convicted, Palmer would have faced up to ten years in prison along with the potential of fines, although that shouldn t be an issue for someone who can afford to pay fifty thousand dollars for a trophy hunt. 15 Despite the treaty s existence, no American has faced extradition since its passage, and many legal experts doubted that Palmer would actually be extradited. 16 This is because poaching is not punished to the same degree in the United States as it is in Zimbabwe. 17 Attorney Alec Muchadehama noted that the United States government may find it highly unlikely that the Zimbabwe government can try Palmer without prejudice considering its major leaders have spoken out against Palmer s actions publicly on more than one occasion. 18 Trophy hunting is legal in Zimbabwe like many other neighboring African countries. 19 However, the hunter still has to obtain the proper permits to proceed with the hunt, and many question whether Palmer had done so. 20 In Africa, the lion population has steadily declined over the past few decades. 21 No more than twenty-one thousand lions exist in the wild today, less than half the population present in the 1950's. 22 Illegal poaching is one of the major reasons for 13 Id. 14 Id. 15 Eric Ortiz & Alexander Smith, Cecil the Lion: What could happen to Walter James Palmer and Hunters? NBC NEWS (Jul. 29, 2015), 16 Macdonald Dzirute, Zimbabwe calls for extradition of Cecil the lion s killer, REUTERS (Jul. 31, 2015), 17 Id. 18 Id. 19 Avianna Tan, Beyond Cecil the Lion: Trophy-Hunting Industry in Africa Explained, ABC NEWS (Jul. 31, 2015) abcnews.go.com/us/cecil-lion-trophy-hunting-industry-in-africa-explained/story/?id= Id. 21 African Lion, U.S. Fish and Wildlife Service (Aug. 12, 2014), 22 Basic Facts about Lions, DEFENDERS OF WILDLIFE (2015),

4 the decimation of the African population over the years. 23 Cecil was part of an Oxford University study, so even if Palmer had obtained the proper permits to hunt it is still illegal to pursue a collared lion. 24 Furthermore, Cecil was not roaming the wild, but was a protected member of the Hwange Game Preserve. 25 In Zimbabwe, more than six-hundred lions are killed per year as a result of the business of trophy hunting. 26 Proponents argue that it generates revenue but very little is funneled into the local economy. In fact, the average income in Zimbabwe is 1,000 USD per year. 27 Theo Bronkhorst, one of the two guides who accompanied Palmer on his hunting excursion, explained the details of the hunt, also mentioning that Palmer had intended to hunt and kill an elephant as well, but couldn t find one large enough. 28 Mr. Bronkhorst explained that Palmer shot Cecil with a crossbow at approximately 10 P.M. that night, and that they had baited him with the carcass of a deceased elephant. 29 When they returned to the same location that morning, they came upon Cecil, and Palmer delivered a fatal blow. 30 It was then that Bronkhorst realized that Cecil was in fact a collared animal. Bronkhorst stated that he was 23 Danny Clemens, The Big Picture Surrounding Cecil the Lion s Death: How Can We Save Lions? DISCOVERY (Jul. 29, 2015), 24 Cecil the Lion:300,000 donated to Oxford Researchers, BBC NEWS (Jul. 31, 2015), 25 Anthony Castellano, Cecil the Lion: New Details Emerge Into the Mountains Before He was Shot, ABC NEWS (Jul. 31, 2015), 26 Christopher Ingraham, Rich American tourists kill hundreds of lions per year, and it s all legal, WASH. POST (Jul. 29, 2015, 27 Zimbabwe, WORLDBANK (2015) 28 Harriet Alexander & Peta Thornycroft, Cecil the Lion s killer wanted to stalk an elephant next-but couldn t find one big enough. THE TELEGRAPH (Jul. 31, 2015), Walter-Palmer-wanted-to-stalk-an-elephant-next-but-couldnt-find-one-big-enough.html. 29 Id. 30 Id.

5 devastated in learning that Cecil was collared, panicked, and threw the collar into the brush. 31 Mr. Bronkhorst has since been charged with failing to prevent Cecil s killing. 32 If convicted, he could pay fines up to $10,000 and serve up to ten years in prison. 33 His hunting licenses have also been revoked. 34 One of the most prevalent issues with the potential extraditing of Mr. Palmer is the glaring fact that he went into hiding immediately after coming into national spotlight for admitting that he killed Cecil. However, he was recently spotted in Minnesota and some at the time believed that he was hiding on large hunting grounds he owns within the state. 35 He came back to work on September 8, Palmer cannot be charged with violating the Endangered Species Act in America, primarily because the African lion is a vulnerable species, and has been recommended for the endangered species list, but is still just considered threatened. 37 However, Palmer could be charged with bribing hunting officials under the Foreign Corrupt Practices Act, which prohibits someone from traveling to a foreign country with the intention to commit unlawful activities, specifically bribery. 38 Palmer may also be in violation with the Lacey Act, 31 Id. 32 Id. 33 Id. 34 Alexander, supra note Anna Pratt & Larry McShane, Cecil the Lion s killer, Dr. Walter Palmer, is photographed roaming in Minnesota, DAILY NEWS, (Aug. 18, 2015), 36 Minn. Dentist who killed Cecil the lion returns to work, USA TODAY (Sept. 8, 2015), 37 Species Directory, WORLD WILDLIFE FUND (2015). 38 Mark Joseph Stern, The Alleged Lion Killer could be tried in the US, SLATE (Jul. 28, 2015), or_extradited.html.

6 drafted to prevent animals from coming to harm. 39 The Act was recently amended in 2006, and states that it is illegal to import wildlife that is taken in violation of State or foreign law. 40 United States Senator Robert Menendez has proposed new legislation in honor of Cecil to make additions to the Endangered Species Act. 41 The bill, titled Conserving Ecosystems by Ceasing the Importation of Large Animal Trophies Act, will make a crime to trophy hunt animals that have been named to the Endangered Species List. 42 If passed, it will ensure that Cecil s death was not in vain. On November 2, 2015, the House passed the Global Anti- Poaching Act, designed to raise penalties for wildlife trafficking. 43 Although Cecil s passing is nothing less than a tragedy, it has brought awareness to species preservation, especially the dwindling lion population and increasing punishment for animal poachers. Pressure has mounted on United States airlines to outlaw the transport of animal trophies, i.e. the skin and head, as many of the trophies are flown into major airports in New York and New Jersey. 44 American Airlines, Delta, and United Airlines all announced within a month of the incident that they will no longer transport large game trophies. 45 Several international airlines including South African Airways are following suit. 46 If Palmer was to be extradited, Zimbabwe would have needed to file official charges against him and make a formal request to the United States government for Palmer to be 39 Lacey Act, 18 U.S.C (2006). 40 Id. 41 Mr. Menendez is a U.S. Senator representing the State of New Jersey. Dan Kedmey, U.S. Lawmakers Draft CECIL Act to Curb Trophy Hunters, TIME (Jul. 31, 2015), 42 Id. 43 Shelley Hazen, Walter Palmer skirts charges in Cecil the Lion s death, and he s still welcome in Zimbabwe, INQUISITR (Oct. 12, 2015), 44 William Cummings, Airline bans hunters big game trophies after uproar over Cecil the Lion, USA TODAY (Aug. 4, 2015), 45 Id. 46 Id.

7 extradited. Unfortunately, Zimbabwe declined to bring charges against Mr. Palmer. Some have speculated that Zimbabwe has declined to bring charges because they want to encourage this form of tourism to generate revenue. 47 One thing is for sure, there is no denying that what Mr. Palmer has done is wrong. Criticism from the United States and the world at large is mounting. People for the Ethical Treatment of Animals has called for him to be hung. 48 On the other end of the spectrum, Safari Club International, known for sponsoring large game hunts, has condemned Palmer s actions and suspended his membership. 49 A White House petition calling for Palmer s extradition has garnered over 200,000 signatures since late August, but officials have yet to respond. 50 They are required to do so because the petition has gained over 100,000 signatures. 51 Also, although the U.S. Fish and Wildlife Service has launched an investigation, no recent developments have emerged. 52 The Service s website indicates that the investigation is currently ongoing but does not provide any further details. 53 At this time it seems that Palmer will not be extradited, and that is incredibly frustrating. Unfortunately, the process is convoluted, political, and may take several years if Palmer chooses to appeal. In the end, it is hard to deny that Cecil s killing was anything more than a senseless tragedy. It is hard to justify a hunt, even if it legal, if someone is willing to pay fifty thousand 47 Hazen, supra note 43, at Michael Miller, PETA called for Walter Palmer to be hanged for killing Cecil the lion, WASH. POST (Jul. 30, 2015), 49 Darryl Fears & Elahe Izadi, Cecil the lions; killer may have trouble avoiding extradition, experts say, WASH. POST (Jul. 31, 2015), 50 Eugene Scott, White House petitions to extradite lion-killing dentist Walter Palmer reaches threshold for response, CNN (Jul. 31, 2015), 51 Id. 52 Ashe, supra note Id.

8 dollars to do so. It is purely for sport, purely for the thrill of taking the life of a living creature before it s due. Nothing Walter Palmer can do now will ever make it right. One can only hope that politics doesn t obstruct his path to justice.

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H 7184 S T A T E O F R H O D E I S L A N D LC000 01 -- H 1 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO CRIMINAL OFFENSES - SALE OF IVORY OR RHINOCEROS HORNS Introduced By: Representatives