NCJ Number
132897
Date Published
1991
Length
6 pages
Annotation
The 1984 Crime Bill gives the U.S. Department of Justice the power to prosecute hostage takings that occur outside the United States, and a later bill permits the prosecution of terrorists if an American is killed or assaulted in a terrorist attack outside the United States.
Abstract
Gaps in extraterritorial jurisdiction have been solved by the two laws, but certain problems remain that make it difficult to combat terrorism. One problem involves the removal of aliens residing in the United States who are involved in terrorism. Another problem is that the actual physical presence of the defendant is needed to conduct the prosecution. The current application of the political offense exception to extradition prevents the United States from extraditing individuals to stand trial in other countries and vice versa. Many European treaties include a humanitarian exception which permits the court to look at why the person's extradition is being requested rather than at why the individual committed the offense. Under the humanitarian exception, extradition cannot be requested based on the individual's religious beliefs or nationality. Although the U.S. government has changed its laws to provide jurisdiction for terrorist crimes committed outside the country, domestic legal changes have not yet changed the international political situation. Until all countries recognize that any time they give in to terrorist demands not to extradite, they are only making other citizens vulnerable to future terrorist attack.