From: stephen@sprunk.org
On 09-Dec-15 14:54, Adam H. Kerman wrote:
> Stephen Sprunk wrote:
>> Yes; due to "long arm" laws, as long as _part_ of the act (in this
>> case, the sale of her ticket by a US travel agent) is within the
>> court's territorial jurisdiction, then the rest of the act is as
>> well.
>>
>> This is how, for instance, the US prosecutes people for war crimes
>> or terrorism committed overseas; as long as _part_ of the act was
>> in the US (even if that part alone was completely legal!), we can
>> prosecute them for the _entire_ act.
>
> The foreign country in which the crime occurred has to cede
> jurisdiction,
Only if they possess the criminal and want to try him themselves, in
which case there's no reason for us to get involved.
> or the country in which the alleged criminal is in has to recognize
> US authority to prosecute and extradite.
That's why such criminals run to (or stay in) countries lacking
extradition treaties with the US or like-minded European countries.
OTOH, US law permits "extraordinary rendition", which amounts to
invading an uncooperative country, kidnapping the suspect and then
bringing them to the US for trial. If the country discovers it, there
may be diplomatic consequences, but they'll often cover it up instead
because they actually agree and just can't be _seen_ to agree.
> We're not going to prosecute crimes from Maoist China or Stalinist
> USSR.
That's not likely, no, but we do still prosecute Nazis when they get
caught traveling to/through a country with extradition treaties; ditto
for modern war criminals. We rarely go hunting for them, but if they
are stupid enough to stick their heads up, we'll happily lop them off.
S
--
Stephen Sprunk "God does not play dice." --Albert Einstein
CCIE #3723 "God is an inveterate gambler, and He throws the
K5SSS dice at every possible opportunity." --Stephen Hawking
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