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Exercising Extraterritorial Jurisdiction Over Terrorists: 18 U.S.C. & 7 and 18 U.S.C. & 2331

NCJ Number
115812
Journal
Criminal Justice Journal Volume: 10 Issue: 2 Dated: (Spring 1988) Pages: 307-346
Author(s)
J Gardes
Date Published
1988
Length
40 pages
Annotation
This article examines the viability of Title 18, Sections 7 and 2331 as a means of extending United States extraterritorial jurisdiction over terrorist offenses against American nationals abroad.
Abstract
While these statutes may be legitimized under both international and United States constitutional law, their application has not been without controversy. The initial difficulty is that they lack a strong foundational base in international law. Motivation and the ability to apprehend terrorist are insufficient. By justifying the statutes under both the passive personality principle and the protective principle of jurisdiction, the United States would be in a better position to counter any international criticism. Further, the statutes may be criticized for their breadth. As currently written, their power may be exercised the moment the U.S. Government learns the whereabouts of a terrorist, without regard to the sovereignty of the State of refuge or other states' claims of jurisdiction. A means to restrict the potential for overreaching by the United States would be to restrict the use of the statutes only to instances in which the Nation having custody of the terrorist refuses to exercise jurisdiction by trying or extraditing the terrorist for trial. Finally, the effectiveness of the statutes could be enhanced by greater international cooperation in defining terrorism and terrorist acts and in adjudicating such acts. 264 footnotes.