Why the "Merchant of Death" May Not Stand Trial

By Douglas Farah

Here is what I wrote today for Foreign Policy Magazine on the Thai judge's decision not to extradite Viktor Bout to the United States to stand trial:

Today, a Thai court ruled against extraditing notorious Russian weapons trafficker Viktor Bout to the United States -- a setback for the American legal system and a bad portent not just for U.S.-Thai relations, but also for relations between the United States and Russia.

James F. Entwistle, a senior U.S. official in Thailand, said he was "disappointed and mystified" at the ruling, which the United States intends to appeal. But the odds are in Bout's favor, as Thai appellate courts affirm lower-court rulings in the vast majority of cases.

Who is Viktor Bout and why does this case matter so much? The Russian dealer became known as the "Merchant of Death" for his exploits in delivering sophisticated weapons to war zones from Afghanistan to Colombia and Lebanon -- but mostly to Africa's most brutal thugs. Before he was finally nabbed last spring, Bout had been at work for decades, despite episodic Western efforts to stop him. He was the target of intelligence operations at the end of the Clinton administration. Several European governments, especially Belgium, have been after him for years. And, the United Nations has placed him on an international travel ban.

His extradition has become a top priority for an Obama administration seeking to prevent him from being released and further fanning conflicts around the world, particularly in his old stomping grounds of Afghanistan. The U.S. Justice Department had hoped Bout would stand trial after the Drug Enforcement Administration (DEA) caught him in a sting in March 2008.

Bout's capture was like a John Le Carré novel. In an elaborate ruse, DEA agents posed as guerillas from the Revolutionary Armed Forces of Colombia (FARC) and contacted the Russian arms dealer. The Colombian group, infamous for its kidnappings and cocaine trafficking, is designated a terrorist organization by the United States and European Union. Bout, a former Soviet officer, stated he could sell the "FARC" intermediaries sophisticated weaponry to fight the U.S.-backed government in Colombia and to target U.S. military and civilian advisors. After having his intermediaries hop-scotch around the world to meet with them, Bout agreed to fly to Bangkok to seal the deal in person.

There, according to the indictment in Southern District of New York, he met with the undercover agents posing as FARC commanders for two hours in a luxury hotel. He offered to sell the group 700 to 800 surface-to-air missiles, millions of rounds of ammunition, AK-47 assault rifles, two cargo planes, and drone aircraft to bomb U.S.-built radar facilities in Colombia. He specifically stated he wanted to help kill Americans, who, he said, were his enemy too. He offered weapons-training classes. It is all on tape.

My full blog is here.