Part I - Authority and Jurisdiction Aspects of Terrorism Counteraction Issues

QUESTION:

YOU ARE STATIONED OVERSEAS IN GERMANY.

AN ARMED GROUP ENTERS A U.S.

MILITARY BASE. THE MPs TRY TO STOP THEM, AND SEVERAL POLICE OFFICERS ARE

SHOT.

U.S. AUTHORITIES CAPTURE THE ASSAILANTS.

CAN THE ATTACKERS BE

PROSECUTED BY THE HOST NATION (GERMANY)?

ANSWER:

YES.

SINCE SUCH CRIMES VIOLATE THE LAWS OF BOTH NATIONS, THIS IS AN

EXAMPLE OF CONCURRENT JURISDICTION.

QUESTION:

DOES THE U.S. HAVE THE AUTHORITY TO PROSECUTE THE OFFENDER?

ANSWER:

YES, IF THE LAW IS EXTRATERRITORIAL.

REMEMBER, 18 USC SECTIONS 111 AND

114 PROTECT FEDERAL LAW ENFORCEMENT OFFICERS, A TERM WHICH INCLUDES

MILITARY POLICE AND GUARDS (28 CFR PART 60). THESE LAWS APPLY OVERSEAS.

QUESTION:

SUPPOSE THE OFFENDERS TOOK U.S. CITIZENS HOSTAGE?

ANSWER:

THE US ANTITERRORISM STATUTES SET OUT AT 18 USC SECTION 2331 ET SEQ WOULD

APPLY IF THE OFFENDER'S ACTIONS MEET THE DEFINITION OF "INTERNATIONAL

TERRORISM" AND 18 USC SECTION 1203 IF THE OFFENDERS TOOK HOSTAGES TO

COMPEL SOMEONE ELSE OR A GOVERNMENT TO DO OR REFRAIN FROM DOING AN ACTION.

BOTH OF THESE STATUTES ARE SPECIFICALLY STATED TO BE EXTRATERRITORIAL IN

APPLICATION.

QUESTION:

WHAT IF IT IS A DOMESTIC TERRORIST ATTACK?

ANSWER:

18 USC SECTION 111 AND 1114, OF COURSE, WOULD STILL APPLY. ALSO, 18 USC

SECTION 231, MAKES IT A FEDERAL CRIME (5 YEARS AND $10,000) "TO OBSTRUCT,

IMPEDE, OR INTERFERE WITH ANY FIREMEN OR LAW ENFORCEMENT OFFICER LAWFULLY

ENGAGED IN THE LAWFUL PERFORMANCE OF HIS OFFICIAL DUTIES INCIDENT TO AND

DURING THE COMMISSION OF A CIVIL DISORDER WHICH IN ANY WAY OR DEGREE

OBSTRUCTS, DELAYS, OR ADVERSELY AFFECTS...THE CONDUCT OR PERFORMANCE OF

ANY FEDERALLY PROTECTED FUNCTION."

QUESTION:

CAN A MILITARY LAW ENFORCEMENT OFFICIAL APPREHEND A CIVILIAN ON POST?

ANSWER:

YES.

THIS IS COVERED BY SUCH REGULATIONS AS AR 190-22 AND AR 190-30.

QUESTION:

CAN CIVILIAN SECURITY GUARDS MAKE SUCH APPREHENSIONS?

ANSWER:

YES.

THIS IS COVERED BY AR 190-22 AND AR 190-56.

QUESTION:

CAN THE CIVILIAN GUARDS USE DEADLY FORCE?

ANSWER:

YES, AS PER AR 190-14.

QUESTION:

IF WE APPREHEND A TERRORIST ON POST, ON A CONUS INSTALLATION, WHO CAN

PROSECUTE HIM?

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MP 1018