Federal crimes of extraterritorial applicability

than (a) private interest."

Here, the "primary thrust" of the law

"is

the

protection of the U.S. Postal Service." The court, therefore, concluded:

"The United States government has an absolute duty to maintain the

integrity of the U.S.

Postal System, which includes its postal money

orders, both within the borders and in foreign countries...It is

reasonable to assume that Congress was aware that the integrity of the

postal system and its money orders would be threatened abroad as well as

at home, and it is proper to infer that Congress intended to protect the

government against forgery of these papers wherever the postal system

operated."

The U.S. government, then, "has a paramount interest in protecting its

property, wherever located, by assertions of its penal laws...

laws punishing

fraud against the government include by implication acts committed in foreign

countries."

Based on these factors, 18 USC Section 500 was deemed to have

extraterritorial effect.

Congress recently passed 18 USC Section 2331, which prohibits the commission

of terrorist acts (including murder and certain other forms of physical violence)

when committed "abroad against United States Nationals." This is an example of a

criminal law which applies on an extra-territorial basis. It explicitly prohibits

the commission of certain acts when committed "abroad against United States

Nationals." This language obviously shows that Congress intended this law to apply

outside the Continental United States.

Another antiterrorism law is 18 USC Section 1203, which prohibits hostage

taking overseas, if the offender or victim is a U.S. national, or if the offenders

make demands of the United States government.

Again, by its language, this law

applies on an extraterritorial basis.

You can tell this from the wording of the

law itself.

Its language clearly shows that Congress intended for this law to

apply overseas.

Unless the laws were to be given extraterritorial effect, this

language would be rendered totally meaningless.

Remember, Congress has the power

to pass extraterritorial criminal laws--the only issue is whether it HAS done so.

Here, the answer is yes. Where terrorists kidnap Americans overseas and hold them

hostage, or where they subject the victims to various forms of violent treatment

(including death), the terrorists can be tried in federal courts for their criminal

acts. The statutes mentioned here were Congress' response to the terrorist threat-

-and the need to protect Americans outside the boundaries of the United States.

QUESTION:

ASSUMING THE TERRORIST COMMITTED SUCH AN ACT OVERSEAS, HOW WOULD THE

U.S. GAIN CUSTODY OF THE OFFENDER?

ANSWER:

THERE ARE SEVERAL POSSIBILITIES. FOR ONE THING, WE MAY ASK ANOTHER NATION

TO EXTRADITE THE OFFENDER TO THE UNITED STATES FOR PROSECUTION. THERE ARE

VARIOUS INTERNATIONAL AGREEMENTS WHICH COVER THIS SUBJECT.

ALSO, THE

UNITED STATES AUTHORITIES COULD APPREHEND THE OFFENDER IN INTERNATIONAL

WATERS.

QUESTION:

COULD THE FOREIGN GOVERNMENT ALSO PROSECUTE THE OFFENDERS?

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