Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments in Brief


 

Publication Date: September 2002

Publisher: Library of Congress. Congressional Research Service

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Research Area: Law and ethics

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Abstract:

Most crime is territorial. It is proscribed, investigated, tried, and punished under the law of the place where it occurs. As a general rule, no nation's laws apply within the territory of another. Yet in a surprising number of instances, federal criminal law does apply overseas to U.S. citizens and foreign nationals. As long as there is some nexus to the United States, federal law authorizes prosecution -- practical, diplomatic, and procedural impediments notwithstanding.

In the 107th Congress, the USA PATRIOT Act and the legislation implementing the international conventions on terrorist bombings and on financing terrorism have extended the substantive authority for federal prosecution of crimes occurring elsewhere. This is an abridged version of CRS Report RL31557, Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments, stripped of its footnotes and most citations.